Supreme Court restored SERC’s penalty of Rs 162.74 crore against Talwandi Sabo Power for misdeclaration of capacity on four Jan 2017 dates.
The penalty, of which Rs 74.27 crore was already deducted, remains payable by the generator and will be reflected in PSPCL tariffs.
Court distinguished misdeclaration (strict liability) from “gaming”, rejecting APTEL’s view that intent or ramp‑rate timing is required.
The judgment clarifies that Regulation 11.3.13 imposes penalty without mens rea and that DSM Regulations do not govern capability demonstration.