Section 122 Electricity Act: Distribution of business amongst Benches and transfer of cases from one Bench to another Bench

Section 122 of Electricity Act: Distribution of business amongst Benches and transfer of cases from one Bench to another Bench

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Where Benches are constituted, the Chairperson of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.

(2) On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench, for disposal, to any other Bench.

Legal Commentary & Landmark Judgments: Section 122

Section 122 of the Act regulates the distribution of business amongst Benches of the Appellate Tribunal and authorizes the Chairperson to transfer cases from one Bench to another Bench.

Chairperson Master of Roster Authority: Vests plenary power in the Chairperson to allocate business, constitute specialized benches, and transfer pending appeals across benches.
Geographical & Functional Bench Allocation: Authorizes the creation of circuit benches or specialized subject-matter benches (e.g., renewable energy or inter-state transmission).
Fairness & Recusal Management: Provides a formal statutory mechanism to transfer an appeal to another bench if a member recuses or where allegations of apparent bias arise.

Key Landmark Precedents:

Union of India v. R. Gandhi (2010) 11 SCC 1: Supreme Court affirmed that the Chairperson of a tribunal as 'Master of the Roster' possesses inherent authority to allocate business and constitute benches.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that internal case management powers under Section 122 ensure efficient docket clearance across APTEL benches.
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed the administrative integrity of bench constitution under the Electricity Act.

Courtroom Practice & Strategic Litigation Guidance:

If a Technical Member on an APTEL bench previously served as an advisor to one of the litigating distribution licensees, file a formal transfer application under Section 122 before the Chairperson requesting reassignment to another bench to eliminate any perception of bias.

Section 122: Distribution of business amongst Benches and transfer of cases from one Bench to another Bench

Section 122 of Electricity Act: Distribution of business amongst Benches and transfer of cases from one Bench to another Bench

Legal Commentary & Landmark Judgments: Section 122