Petition No. 223/2010 (Suo-motu). Case: In Re: Department of Power, Govt. of Nagaland Vs. Central Electricity Regulatory Commission

Case NumberPetition No. 223/2010 (Suo-motu)
JudgesPramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members
IssueElectricity Act
Judgement DateMay 30, 2011
CourtCentral Electricity Regulatory Commission


  1. We had issued the following direction to the Respondent in our order dated 25.4.2011:

  2. As per information received from North-Eastern Regional Load Dispatch Center (NERLDC), the Respondent has made payment of ` 8.79 core during the month of January and ` 7 lakh during the Month of March 2011. However, after taking into account the accrual during the months of January, February and March, 2011, an amount of ` 12.26 core as on 1.4.2011 is still outstanding against Nagaland. The situation is unacceptable and needs urgent action on the part of department of Power, Government of Nagaland.

  3. We direct the Respondent to liquidate the entire UI dues by 30.4.2011. We also direct the Secretary to the Government of Nagaland in charge of Department of Power to personally ensure that the outstanding UI dues are liquidated by the above date.

  4. The Respondent in its reply dated 10.5.2011 has submitted that extraordinary effort has been made by the competent authorities to liquidate the outstanding UI dues. However, processing of the case through the various channels in the Government involves considerable time. The Respondent has prayed for time till 31.5.2011 as the last and final chance for liquidating the UI dues. It has been submitted that non-payment of UI dues by the Respondent was on account of circumstances beyond its control and was neither willful nor deliberate.

  5. The representative of the Respondent reiterated the above position during the hearing of the petition.

  6. We have considered the submission of the Respondent. The details of outstanding UI dues and the payment made by the Respondent after initiation of the suo-motu proceedings is as under:

    (` in lakh)


    UI outstanding at the beginning of the months

    Amount paid during the month

    Amount outstanding at the end of the month

    October 2010




    November 2010




    December 2010




    January 2010




    February 2011




    March 2011




    April 2011




  7. From the above, it is evident that as on 1.5.2011, the amount of outstanding UI dues against the Respondent stood at ` 11.89 core. It emerges that the Respondent has not complied with the directions of the Commission to liquidate the UI dues.

  8. In our order dated 25.4.2011, we had directed Secretary, Department of Power...

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