1. Challenge in these batch of writ petitions is against circular dated 18.8.2012 issued by the Chief Electrical Inspector, Government of Kerala, copy of which is produced as Ext.P1 in WP(C) No. 25712/11. In the impugned circular all officers of the Department of Electrical Inspectorate were directed to give intimation to all contractors/clients who have already got scheme approval to re-locate ‘Generator Sets’ in the ground floor itself. The circular is issued as a guideline for installation of ‘Diesel Generator Sets; (hereinafter referred to as ‘Generators’ for short). It says that Generators should not be allowed to be installed above the ground floor or below the first basement level of any building and there shall be separate provision for direct escape and entry into the areas from outside in case of fire. Reference in the circular is to the ‘National Building Code 2005’. In many of the cases, notices issued by the Electrical Inspectors declining approval of scheme for installation of Generators are under challenge. In some cases request for compliance of the guidelines in order to approve schemes is under challenge.

2. Attack against the circular impugned is inter alia on the ground that the Chief Electrical Inspector has no jurisdiction or authority to prescribe guidelines and to stipulate conditions with respect to installation of Generators. It is contended that the competent authority to specify technical standards for construction of electrical plants, electric lines and connectively to the grid, is the “Central Electricity Authority” (hereinafter referred to as the “Authority” for short) established under section 73(b) of the Electricity Act 2003 (hereinafter referred to as “the Act” for short). Section 177 of the Act deals with powers of the Authority to make regulations. Referring to sub section 2(b) of section 177, it is contended that the power to make rules with respect to suitable measures for safety and electric supply, as contemplated under section 53 of the Act, is vested only with the Authority. Section 53 of the Act empowers the Authority to specify such suitable measures in consultation with the state Government. Reference is also made to provisions of the Central Electricity Authority (Measures relating to Safety and Electric supply) Regulations 2010 (hereinafter referred to as the “Electricity Authority Regulations” for short). Evidently, the Electricity Authority Regulations are framed by virtue of power derived from section 177 of the Act. Regulation 12 of the Electricity Authority Regulations deals with general safety requirement pertaining to construction, installation, protection, operation and maintenance of electric supply lines and apparatus. Regulation 12(2) reads as follows:-

“save as otherwise provided in these regulations, the relevant code of practice of the Bureau of Indian Standards or National Electrical Code, if any may be followed to carry out the purposes of this regulation and in the event of any inconsistency the provisions of these regulations shall prevail”.

Contention based on the above quoted provisions is that, the competent authority to prescribe safety measures is the Authority, and as long as the Authority has not prescribed any conditions as contained in the impugned circular, insistence by the Chief Electrical Inspector cannot be sustained as legal and as one issued under proper authority and jurisdiction.

3. For a proper adjudication of the above contention, it is necessary to examine the scope of powers vested on the Chief Electrical Inspector and Electrical Inspectors. Section162 of the Act deals with appointment of Chief Electrical Inspector and Electrical Inspectors. It provides that Electrical Inspectors appointed by the appropriate Government shall exercise such powers and functions as may be prescribed within their jurisdiction, in respect to such electric installations, subject to such restrictions as the appropriate Government may direct. Section 176(