BIHAR STATE ELECTRICITY BOARD Vs. PARMESHWAR KUMAR AGARWALA

JUDGEMENT

(1.) Theft of electricity has become so chronic a disease that there can be no doubt that all efforts must be made to curb the same; not only to make the State Electricity Boards viable, but also a ensure regular supply of electricity to the lawful consumers at reasonable tariff.

(2.) The facet of theft of a electricity with which these appeals are concerned relates to the mischief of consumers to tamper with the meters, first to slow it down and then to make the same defective. The basic idea behind this is that the general terms and conditions governing the agreement between Electricity Boards and the consumers require that in such a case reading of the meter shall be based on the average reading of previous three months, in which the meter ran correctly and reading was duly recorded. Section 26 of the Indian Electricity Act, 1910, hereinafter the 1910 Act, is on the subject of "Meters" and sub-sec. (1) of this section requires that the amount of energy supplied to the consumer shall be ascertained by means of a correct meter. Sub-section (6) has provided that where any difference or dispute arises as to whether any meter is or is not correct, the matter shall be decided, upon the application of either party, by an Electrical Inspector. Further steps are required to be taken as per the opinion of such Inspector.

(3.) Confronted with the aforesaid position, the Bihar State Electricity Board (for short, the Board) found itself suffering heavy financial loss to the tune of several crores. It, therefore, arranged a meeting of the General Manager-cum-Chief Engineers on 12-6-1982 and decided, inter alia, that the assessment of the aforesaid type of consumers, should be made, in the case of low tension industrial consumers at 30% load factor and in case of high tension industrial consumers at 45% load factor, during the period their meters remained defective.