Chandigarh: The Haryana government on Friday appointed Arun Kumar Gupta, who served as Chief Minister Nayab Singh Saini’s principal secretary until five weeks ago, as Chairman of the Haryana Electricity Regulatory Commission (HERC).
The retired 1992-batch IAS officer takes charge of the regulator amid its bitter dispute with the state government over a licence to a private company to distribute power in Gurugram and Nuh.
The appointment order was issued on Friday by Ashima Brar, Commissioner and Secretary, Energy Department, under Sections 82 and 89 of the Electricity Act, 2003, which deal with the constitution of regulatory commissions and the terms of office and service conditions of their members.
Gupta’s tenure will be five years from the date he takes oath of office, or until he turns 65, whichever is earlier. His appointment will be governed by the Act and the Haryana Electricity Regulatory Commission (Conditions of Service of Chairman and Member) Rules, 1998.
A Haryana-cadre officer, Gupta retired on 30 September. Until then, he served as Principal Secretary to the Chief Minister and also held charge of Finance and Planning as Additional Chief Secretary.
Saini appointed him principal secretary in November 2024, filling the vacancy left by V. Umashankar, who moved to the Centre. Before that, Gupta served as Additional Chief Secretary in the Town and Country Planning and Urban Estates Department, while also handling Industries and Commerce.
In the Chief Minister’s Office, he was assigned charge of 11 departments, including Civil Aviation, Environment and Forests, Social Justice and Urban Local Bodies.
Gupta has also served as Commissioner and Secretary in the Labour Department. In Chandigarh, he was posted as Principal Secretary (Home) in the UT Administration on inter-cadre deputation from 2018. His three-year deputation ended in May 2021, but the UT Administration sought a three-month extension in view of the Covid surge. He was eventually relieved on 31 August 2021.
His retirement came despite the state government’s efforts to secure an extension. In September, Haryana wrote to the Centre seeking a one-year extension in Gupta’s service. The Centre turned down the request, and he retired on 30 September. The post of principal secretary to the Chief Minister has remained vacant since. The state government has also asked the Centre to repatriate four IAS officers serving on central deputation.
The HERC chairperson’s post fell vacant following the death of Nand Lal Sharma on 23 July 2026. Sharma, who had headed the commission since 2023, died in office. Member (Legal) Mukesh Garg was authorised to discharge the chairperson’s functions and has since been officiating alongside Member Shiv Kumar. The commission has three positions: a chairperson and two members.
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HERC vs Haryana government
The commission’s controversy stems from an order passed by its officiating leadership. On 19 October, HERC granted Eleven Power Private Limited a 25-year parallel distribution licence for Gurugram and Nuh. The company would have supplied electricity alongside the state-owned Dakshin Haryana Bijli Vitran Nigam (DHBVN).
The decision triggered protests by power employees, who opposed the entry of a private distributor. They went on a three-day strike from 22 October, causing power outages across parts of the state. The strike ended after Chief Minister Nayab Singh Saini assured them that private players would not be allowed.
On 26 October, the Energy Department invoked Section 108(1) of the Electricity Act to direct HERC not to create or operationalise parallel distribution licences anywhere in the state. Under Section 108(2), the state government’s decision on whether a matter involves public-interest policy is final.
HERC responded on 28 October, saying it would not proceed with Eleven Power’s petition while the government’s directions remained in force. However, the commission did not set aside the licence. Eleven Power has said it will pursue legal remedies.
Meanwhile, the state-owned distribution companies have approached the commission for a review of its decision. DHBVN and Uttar Haryana Bijli Vitran Nigam filed a joint review petition on 3 November, seeking reconsideration of the 19 October order.
The discoms have argued that HERC relied on the company’s own investment estimates. They have also questioned Eleven Power’s financial capacity and the ownership of its shares. Engineers’ bodies have filed caveats before the Appellate Tribunal for Electricity.
Gupta will therefore take charge of a commission facing a review petition against the very order that triggered its standoff with the state government.
(Edited by Chingkheinganbi Mayengbam)
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