Section 143: Power to adjudicate

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 143

Section 143 of the Act empowers the Commission to appoint any of its Members or officers to be an Adjudicating Officer to hold an inquiry and determine penalties under Section 142, establishing an in-house administrative adjudication framework.

  • Appointment of Qualified Adjudicating Officer: Authorizes the Commission to designate a specialized officer or member to conduct formal quasi-judicial inquiry proceedings.
  • Civil Court Inquest Powers: Vests the Adjudicating Officer with powers to summon witnesses, administer oaths, and compel production of accounts and load profiles.
  • Mandatory Opportunity of Hearing: Requires the Adjudicating Officer to provide a reasonable opportunity of showing cause to any entity facing penalty proceedings.
Key Landmark Precedents:
  • SEBI v. Shriram Mutual Fund (2006) 5 SCC 361: Supreme Court affirmed that administrative adjudicators perform quasi-judicial functions, imposing statutory civil penalties upon proof of contravention without requiring proof of mens rea.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that adjudication under Section 143 provides specialized administrative determination of regulatory non-compliance.
  • Union of India v. CERC (2010) 4 SCC 603: Affirmed that adjudicating officers must record reasoned, speaking findings.
Courtroom Practice & Strategic Litigation Guidance:

During a Section 143 adjudication hearing, submit technical audit reports proving lack of willful default and prompt voluntary remediation to persuade the Adjudicating Officer to impose minimal nominal penalties.