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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Bihar - Subsection

Section 16(2) in Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005

(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.