(1.) ISSUE rule. With consent, the petition has been heard for final disposal at this stage. Although the petitioner has assailed the constitutional validity of Section 126 of the Electricity Act, 2003, learned counsel for the respondent company submits that the company has not invoked the said provision while raising the disputed bill against the petitioner. He submits that the bill in question is relatable entirely to dishonest abstraction of energy by tempering with the meter covered by Section 135 of the Electricity Act, 2003. The constitutional validity of Section 135 of the Act has not, however, been assailed in this petition. In that view therefore, the challenge to Section 126 of the Act does not really arise for consideration and is accordingly left open to be determined if and when the need to do so arises.
(2.) THE only other question that falls for consideration in this writ petition is whether the bill in question was preceded by a proper hearing to the petitioner. It is common ground that the petitioner was served with a show cause notice dated 29th November, 2007 along with an Inspection Report, Load report and Meter Test Report. The petitioner's allegation however is that no hearing pursuant to the said show cause notice was afforded to him and that the bill in question is in for that reason contrary to the principles of natural justice. Learned counsel for the respondent submits that without going into the question whether any hearing was or was not demanded or granted to the petitioner, the bill in question could be set aside and the matter remitted back to the competent authority to pass a fresh order and raise a fresh bill after affording to the petitioner an opportunity of being heard in the matter. He submits that this court could fix a date and time for the hearing to avoid any further confusion arising out of non-service of any further notice of any such hearing.
(3.) IN the circumstances, therefore, we allow this writ petition but only in part and to the extent that the impugned bill shall stand quashed; the matter shall stand remitted back to the competent authority in the enforcement office of the company at Andrews Ganj, New Delhi for a hearing on 3rd March, 2008 at 3:00 PM. The petitioner shall be free to file his written submissions and objections to the show cause notice at the time of the hearing. We make it clear that in case the petitioner does not, despite this opportunity, appear to avail of the personal hearing on the date and time given by us, the officer concerned shall be free to pass a fresh order and raise a fresh bill against the petitioner without any further opportunity to the petitioner. We also make it clear that the petitioner shall not be entitled to any independent or separate notice for the hearing of the case on the date and the time fixed by this Court. No order as to costs. Order dasti.