Section 169 Electricity Act: Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants

Section 169 of Electricity Act: Electricity Supply & Regulatory Procedure

Official Bare Act Text

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

No court or other authority shall have power to grant any injunction in respect of any action taken or to be taken by the Appropriate Commission or the Appellate Tribunal in pursuance of any power conferred by or under this Act.

Legal Commentary & Landmark Judgments: Section 169

Section 169 of the Act formally declares Members, officers, and staff of the Appellate Tribunal, Appropriate Commissions, and inspectors to be public servants within the meaning of Section 21 of the Indian Penal Code / BNS, 2023.

Conferment of Public Servant Status: Brings all regulatory members, hearing officers, and inspectors within the protective and penal ambit of anti-corruption and public justice statutes.
Criminal Penalties for Obstructing Regulators: Exposes anyone who uses criminal force, intimidates, or offers bribes to regulatory officers to immediate prosecution under penal laws.
Applicability of Prevention of Corruption Laws: Ensures that corrupt practices, bribery, or abuse of regulatory authority by commissioners or inspectors is punishable under the Prevention of Corruption Act, 1988.

Key Landmark Precedents:

State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court affirmed that public servant status confers solemn public responsibilities alongside statutory criminal protection.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that regulatory officers perform sovereign functions and are strictly accountable to anti-corruption statutes.
State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Affirmed the legal status and accountability of regulatory public servants.

Courtroom Practice & Strategic Litigation Guidance:

All interactions with regulatory commissions and electrical inspectors must be formally documented; attempting to offer unauthorized inducements triggers immediate criminal prosecution under the Prevention of Corruption Act read with Section 169.

Section 169: Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants

Section 169 of Electricity Act: Electricity Supply & Regulatory Procedure

Legal Commentary & Landmark Judgments: Section 169