Section 16 in Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005
16. Presentation and scrutiny of the pleadings, etc.
(1)All Petitions shall be filed with six copies and each set of Petition may be shall be complete in all respects. The fees as may be prescribed by the Commission and revised from time to time shall be payable along with the Petition.(2)The Secretary of the Commission shall be authorized to carry out a preliminary scrutiny of the petition, application or appeal, in order to ensure that it satisfies the following requirements:-(a)The petition, application or appeal is couched in decorous language befitting the nature of the quasi-judicial proceedings and does not contain any references which are unbecoming in respect of any organization or agency or any person employed in government, public or private sector and be free from insinuations, imputations and allegations of a personal nature against any individual or functionary whether from Government, Public or Private Sector.The Secretary shall ensure that such petitions or applications or appeals are registered only after appropriate rectification. If the concerned petitioner, applicant or appellant fails to carry out the needed rectification within in a period of one week from the receipt of notice from the Secretary that such modification are required, the application, petition or appeal shall not be registered. No further correspondence or oral submission in regard to such a petition will be entertained by the Commission, provided that nothing contained herein shall operate to extinguish the right of the petitioner, applicant or appellant to approach the Commission with a fresh petition, application or appeal on the same subject matter.(b)The Secretary shall ensure that the application, petition or appeal is supported by references to the provisions of the Electricity Act, 2003 or any other statutes under which it is filed.(c)The Secretary shall not register any application or petition or appeal which, prima facie, is totally unconnected with the Commission's jurisdiction. The Secretary shall not register an application or petition or appeal which prima facie, relates to matters pending before any other judicial or quasi-judicial authorities.(d)The Secretary shall not register an application or petition or appeal, if any judicial authority is seized of matters between the same parties relating to the same subject matter, wherein the points at issue, are substantially similar to those arising in the petition or application or appeal.(e)The Secretary shall not register an application, petition or appeal, if in another proceeding before the Commission, the issues arising in such application, petition or appeal has already been adjudicated between the same parties and in respect of the same subject matter.(3)A copy of all Petitions shall be served upon all the other parties to the proceedings, simultaneously with filing of the same before the Commission.(4)All Petitions shall be presented in person or by any duly authorised agent or representative at the headquarters or such other filing centre or centres as may be notified by the Commission from time to time and during the time notified. The Petitions, may also be sent by registered post acknowledgement due/speed post/courier to the Commission at the places mentioned above. The vakalatnama in favour of the advocate and, in the event the Petitions are presented by an authorised agent or representative, the document authorising the agent or representative shall be filed along with the Petition, if not already filed on the record of the case.(5)Upon the receipt of the Petition, the Officer of the Commission designated for the purpose of receiving the Petition (hereinafter referred to as Receiving Officer) shall issue an acknowledgement with stamp and date to the person filing the Petition. In case the Petition is received by registered post/speed post/courier, the date on which the Petition is actually received at the office of the Commission shall be taken as the date of the presentation of the Petition.(6)The presentation and the receipt of the Petition shall be duly entered in the register maintained for the purpose by the office of the Commission. Such register shall be maintained in form and manner as may be prescribed by the Commission, showing serial no. of Petition, date of its receipt, names and addresses of the parties, brief subject matter of the Petition, claim/relief sought, interim relief, if any, and date of disposal with final result thereof.(7)The Receiving Officer may refuse to register any Petition which is not in conformity with the provisions of the Act or Regulation or is otherwise defective or which is presented otherwise than in accordance with these Regulations or directions of the Commission. However no petition shall be refused for defect in the pleading or its presentation without giving an opportunity to the person filing the Petition to rectify the defect within the time subject to further extension as directed by Secretary. On failure to remove objections within time allowed, the Petition shall stand dismissed.(8)A party aggrieved by any order of the Receiving Officer in regard to the presentation of the Petition may request the matter to be placed before the Chairman of the Commission for appropriate orders.(9)The Chairman or any Member as the Chairman may designate for the purpose, shall be entitled to call for the Petition presented by the party and give such directions regarding the presentation and acceptance of the Petition as he considers appropriate.(10)If on scrutiny, the Petition is not refused or any order of refusal is rectified by the Chairman or a Member of the Commission designated for the purpose, the Petition shall be duly registered and given a number in the manner to be specified by the Commission.(11)As soon as the Petition and all necessary documents are lodged and the defects and objections, if any, are removed, and the Petition has been scrutinized and numbered, the Petition shall be put up before the Commission for preliminary hearing and admission.(12)The Commission may admit the Petition for hearing without requiring the attendance of the party. Provided that the Commission shall not pass an order refusing admission without giving the party concerned an opportunity of being heard. The Commission may, if it considers appropriate, issue notice to such person or persons as it may desire to hear the Petition for admission.(13)If the Commission admits the Petition, it may give such orders and directions, as may be deemed necessary, for -(a)service of notices to the respondent(s) and other affected or interested parties;(b)the filing of reply and rejoinder in opposition or in support of the Petition in such form as the Commission may direct; and(c)the Petition to be placed for hearing before the Commission or a Bench, as the case may be.
