NATHIMAL GUPTA Vs. INDERPRASTHA POWER GENERATION CO LTD

JUDGEMENT

(1.) Charge against the appellant was that while functioning as an Inspector in the 11 KV (Constn.East-I), Karkardooma, during the year 1999, with mala fide intention and ulterior motive he stole Meter No.E-9705279 from premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden of one Kishori Lal and installed the same in a fraudulent manner at premises No.F- 271, Yojana Vihar, New Delhi and thereby allowed the consumer to steal power and for which wrong the appellant received Rs. 10,000/- as illegal gratification from Sachit Prasad Jain, the owner of premise B-271, Yojana Vihar and further prevented recovery of Rs. 1,42,720/- which was outstanding due towards consumption as recorded by a Poly Phase Meter No.4 D- 461068 installed at B-271, Yajana Vihar.

(2.) Since the appellant had denied the charge, an Inquiry Officer was appointed before whom 21 documents were exhibited, and we simply highlight that the documents establish that Meter No.E-9705279 was installed at premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden and that during inspection carried out on June 10, 1999 it was found that the meter in question was installed at premises B-271, Yojana Vihar, New Delhi where a Poly Phase Meter No.4D-461068 had been installed and that Rs. 1,42,720/- was outstanding pertaining to electricity consumed at the premises, which amount was not recovered because due to non-payment the meter was removed, but the owner of the premises continued to enjoy benefit of electricity which was metered for purposes of consumption vide meter No.E-9705279.

(3.) Learned counsel for the appellant concedes that evidence led before the Inquiry Officer proves as above. At core is the argument : Where is the evidence to prove that the appellant stole Meter No.E-9705279 which was installed at premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden and thereafter installed the same at premises B-271, Yojana Vihar, New Delhi