Telangana HC Rejects Ex-CM Chandrashekhar Rao's Plea Alleging Bias On Retd Judge Commission Inquiring Into Power Procurement During His Govt

The Telangana High Court has dismissed the petition moved by former Chief Minister K. Chandrasekhar Rao, challenging the formation of a one-man Commission to look into alleged irregularities arising out of power procurement during his government between 2014 to 2023.

The Justice L Narsimha Reddy Commission was formed to probe the correctness and propriety of decisions related to procurement of power from Chattisgarh, the establishment of the Bhadradri Thermal Power Station (BTPS), and the establishment of the Yadadri Thermal Power Station (YTPS).

The plea filed by ex-CM alleged that the Commission lacked transparency as it was headed by a retired judge who was allegedly close to the current ruling party and that in a press conference, the head of the Commission displayed bias.

Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti said Justice (retd) Reddy had once held the Constitutional Office of the Chief Justice and mere allegation of bias against him, solely based on his statement reportedly made in the press conference, cannot be established.

It examined the content of the press conference and concluded that it merely provided a status update on the proceedings. "The relevant extract does not contain any material so as to indicate that the respondent No.3 [Justice Redyy] has pre-judged the issues pending before him," Court said.

The State argued that Justice (retd) Reddy's appointment was done in accordance with established procedures and that his past association with the ruling party did not prejudice the investigation.

Rao however contended that the Commission's mandate was too broad and lacked specific charges, making it difficult for him to prepare a proper defense. He also submitted that the Electricity Regulatory Commissions had already adjudicated on some aspects of these matters, rendering the current Commission redundant.

Court held the contention that the matter had already been adjudicated by the State authorities could not be accepted since as per the Terms of Reference of the Commission, the issues to be adjudicated by it are far wider that what was done by the respective State machineries.

Thus the petition was dismissed at the stage of admission.

Case title: Sri. Kalvakuntla Chandrashekar Rao vs. State of TS.

Case title: WP. 16588 of 2024

Counsel for petitioner: Senior Counsel Aditya Sondhi

Counsel for State: The Advocate General

Citation: 2024 LiveLaw (TS) 112

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