Government Invites Applications For HERC Chairperson Post After Vacancy; Legal And Power Sector Experience Likely To Shape Final Selection
Panchkula: The process for appointment of the new Chairperson of the Haryana Electricity Regulatory Commission (HERC) has officially begun, with the Haryana Government inviting applications for the vacant post.
The vacancy arose after the Chairperson’s post became vacant on 23 July 2026, following which the Energy Department issued a formal notice inviting applications from eligible candidates. The appointment assumes significance as HERC plays a critical role in regulating Haryana’s electricity sector, including tariff determination, renewable energy regulations, open access matters, consumer disputes and compliance issues involving distribution companies and transmission utilities.
The new Chairperson will take charge at a time when the State power sector is witnessing major regulatory developments, including renewable energy expansion, green energy open access implementation, power procurement issues and increasing litigation before regulatory and appellate forums.
Eligibility Criteria For New Chairperson
The Government notice has invited applications from candidates fulfilling the requirements under Section 84 of the Electricity Act, 2003. The notice states that the Chairperson of a State Electricity Regulatory Commission should be a person of ability, integrity and standing, having adequate knowledge and demonstrated capacity in areas including:
- Engineering;
- Finance;
- Commerce;
- Economics;
- Law; or
- Management.
The Chairperson is appointed for a term of five years or until attaining the age of 65 years, whichever is earlier. The position carries significant responsibility as the Chairperson presides over the Commission and guides regulatory decisions affecting utilities, consumers, generators and investors.
Current Composition Of HERC
Before the vacancy, HERC consisted of three members — the Chairperson and two Members. Following the vacancy, the senior-most Member, Mukesh Garg, has been officiating as Chairperson. Reports indicate that Mukesh Garg was asked to discharge the functions of Chairperson until a regular appointment is made.
Mukesh Garg joined HERC as Member (Law) on 02 February 2024. He has a legal background and more than three decades of experience in legal practice. He earlier practised as an Advocate at Jagadhri Court and also served as a member of the Haryana State Law Commission. His experience in electricity regulation, legal matters and functioning of the Commission gives him familiarity with ongoing regulatory proceedings.
Will Mukesh Garg Become The Regular Chairperson?
At present, there is no official confirmation that Mukesh Garg will be appointed as the regular Chairperson. However, considering the present circumstances, his name naturally emerges as one of the possible contenders. There are several factors supporting this possibility:
1. Existing Experience Within HERC
Unlike an external candidate, Mukesh Garg already understands the functioning of the Commission, pending matters, regulatory framework and issues before HERC. Electricity regulatory matters involve specialised knowledge of:
- Tariff regulations;
- MYT proceedings;
- Renewable energy policies;
- Open access disputes;
- Power purchase agreements;
- Consumer grievance matters.
An internal candidate familiar with these issues may provide continuity.
2. Legal Background Suitable For Regulatory Role
The Chairperson of a State Commission does not necessarily require only engineering or technical experience. Section 84 of the Electricity Act permits persons having expertise in law, finance, economics, management or engineering. Mukesh Garg’s legal background fits within the statutory eligibility criteria. His experience dealing with complex legal issues may be relevant considering the increasing number of petitions before HERC involving:
- Contract interpretation;
- Change in law claims;
- Renewable energy disputes;
- Regulatory compliance issues.
3. Stability During Transition Period
The electricity sector requires continuity because HERC handles several time-sensitive matters including:
- Annual tariff petitions;
- True-up proceedings;
- Renewable energy compliance;
- Open access applications;
- Regulatory amendments.
Appointment of an existing Member may avoid disruption in ongoing proceedings.
Other Possible Candidates: Power Sector Experts May Also Be Considered
Although Mukesh Garg appears to be a possible contender, the selection process is open and the Government may consider candidates from different fields. The notice specifically allows applications from persons having expertise in engineering, finance, commerce, economics, law or management.
Therefore, possible categories of candidates may include:
1. Retired Senior Power Sector Officers
Former CMDs, Directors or senior officers from:
- State power utilities;
- Central PSUs;
- Transmission companies;
- Regulatory bodies;
may be considered because of their practical understanding of electricity sector functioning.
The previous HERC Chairperson, Nand Lal Sharma, came from a senior power sector background, having served as CMD of SJVN Limited before appointment as HERC Chairperson.
2. Former Regulatory Members
Former members of electricity regulatory commissions may also be suitable because they already understand regulatory decision-making.
Such candidates bring experience in:
- Tariff determination;
- Regulatory economics;
- Statutory interpretation.
3. Senior Legal Professionals
Considering the increasing litigation before HERC and APTEL, senior advocates, retired judges or legal experts specialising in electricity law may also fit the criteria.
Selection Process Likely To Be Closely Watched
The selection of HERC Chairperson is generally undertaken through the statutory process under the Electricity Act, 2003.
The Commission’s independence is considered essential because its decisions directly affect:
- Consumers;
- DISCOMs;
- Renewable energy developers;
- Industrial consumers;
- Power generators.
The selected candidate will be expected to maintain regulatory independence while balancing consumer interests and financial sustainability of utilities.
Major Challenges Before New Chairperson
The incoming Chairperson will inherit several important issues requiring regulatory attention.
Renewable Energy Expansion
Haryana is witnessing increased renewable energy activity, including solar projects and green energy open access applications. The Commission will need to ensure smooth implementation while protecting grid stability.
Financial Health Of Distribution Companies
The financial condition of DISCOMs remains a major regulatory concern. Tariff determination, subsidy adjustment and cost recovery mechanisms will continue to remain important areas.
Increasing Litigation
Several HERC orders are challenged before APTEL and High Courts. The new Chairperson will need to ensure legally sustainable orders capable of withstanding judicial scrutiny.
LawDaily.org Analysis: Who Has The Strongest Possibility?
Based on publicly available information, Mukesh Garg appears to be among the strongest possible contenders due to his existing position as HERC Member, legal background and familiarity with the Commission’s functioning.
However, no official shortlist or final decision has been announced. The Government may also consider an external power sector expert, retired senior officer or regulatory professional depending upon the recommendations of the selection process.
The final appointment will depend upon the evaluation of experience, integrity, sector knowledge and suitability for leading Haryana’s electricity regulator.
Conclusion
The appointment of the next HERC Chairperson will be an important decision for Haryana’s power sector. While Mukesh Garg’s existing experience within HERC places him as a natural possible choice, the final decision remains with the competent authorities following the prescribed selection process. The new Chairperson will have the responsibility of steering HERC through a period of significant transformation involving renewable energy growth, open access reforms, tariff challenges and increasing regulatory complexity.
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