Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 115 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal shall be such as may be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or other Member shall be varied to his disadvantage after appointment.
Section 115 of the Act provides that the salary, allowances, and other terms and conditions of service of the Chairperson and Members of the Appellate Tribunal shall be as prescribed by the Central Government, and shall not be varied to their disadvantage after appointment.
Constitutional-Grade Salary Protection: Explicitly bars any adverse alteration or reduction of salaries and allowances of APTEL members during their tenure, mirroring constitutional protections for High Court judges.
Parity with Senior Judiciary: Fixes remuneration in alignment with Supreme Court and High Court judicial scales to attract top judicial talent.
Guaranteed Service Conditions: Protects pensionary, housing, and medical allowances from executive manipulation.
Key Landmark Precedents:
Union of India v. R. Gandhi (2010) 11 SCC 1: Constitution Bench held that salary protections and financial security are fundamental constitutional prerequisites for maintaining judicial independence in specialized tribunals.
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed that statutory protections under Section 115 ensure the tribunal remains independent of executive pressure.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the statutory dignity and autonomy of the Appellate Tribunal.
Courtroom Practice & Strategic Litigation Guidance:
In constitutional challenges to administrative tribunal regulations, cite Section 115 to demonstrate that Parliament intended APTEL to function as a fully independent judicial court of appeal.
Legal Commentary & Landmark Judgments: Section 115
Section 115 of the Act provides that the salary, allowances, and other terms and conditions of service of the Chairperson and Members of the Appellate Tribunal shall be as prescribed by the Central Government, and shall not be varied to their disadvantage after appointment.
In constitutional challenges to administrative tribunal regulations, cite Section 115 to demonstrate that Parliament intended APTEL to function as a fully independent judicial court of appeal.