A CHRISTIAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The most question involved in the present Writ Petition is as to whether the Telegraphs Authorities are competent to charge rental of telephone connection for the period during which the same had remained disconnected.

(2.) The power of Telegraph Authority in the above connection is traceable to Rule 443 of the Indian Telegraph Rules. 1951 (in short "the Rules'). These Rules have been made under the Indian Telegraph Act, 1885 (in short "the Act'). The rule reads as under;

(3.) Above rule has two facets, namely, (i) empowering the telegraph authority to disconnect the telephone service in case the subscriber fails to pay the bills and charges pertaining to the said telephone services; and (ii) reconnection of the said services if the outstanding dues along with rental for the disconnected period is paid by the subscriber. From the scheme envisages under the rule 443 of the Rules, it seems quite clear to me that if the disconnection of telephone services is found to be justified, then, for seeking reconnection thereto the subscriber has to pay, apart from the other outstanding dues, even the rental for the disconnected period. But, it cannot be disputed that if the disconnection is found to be unsustainable being arbitrary or impermissable, then in such situation the subscriber cannot be held liable for paying the rental for the disconnected period.