UNION OF INDIA Vs. HUKAM CHAND SHYAM LAL

JUDGEMENT

(1.) Twenty-two writ petitions were filed against orders disconnecting telephones of these petitioners under rule 422 of the Indian Telegraph Rules,1951,framed under section 7 of the Indian Telegraph Act, 1895. Jagjit Singh,J. allowed all the writ petitions and quashed the orders of disconnection of the telephones on a construction of rules 421 and 422 which read as follows:-

(2.) Learned Single Judge held on a reading of these rules that in an emergency giving notice before disconnection could be dispensed with, but reasons had to be given for the disconnection even under rule 422. According to the learned Judge, the orders of disconnection, did not contain the reasons for the disconnection. These orders were, therefore, quashed and the telephone authorities were ordered to reconnect the telephones of the petitioners. These 22 appeals-by the Union of India have been filed against the orders of the learned Single Judge.

(3.) It is necessary to understand the statutory and the factual background for the correct construction of the above mentioned rules and also of the passing.of the order so the disconnection. A telephone is included in the definition of the word 'telegpaph' in 3 (1) of the Indian Telegraph Act, 1895, Section 4 of the Act confers on the Central Government the exclusive privilege of the establishing, maintaining and working-telegraphs. Under section 7, the Central Government is empowered to make rules for the conduct of all or any telegraphs established, maintained and worked by the Government or by persons licenced under the Act. Such licences may be granted by the Government under section 4 and may be revoked under sections On the occurrence of any public emergency or in the interest of public safety the Central or State Government may take temporary possession of any telegraph established, maintained and worked by any person licenced under the Act.