COSMOS TEXTILE MILLS (P) LTD Vs. CHIEF ENGINEER

JUDGEMENT

(1.) HEARD Ld. Advocates Ms. Sudha Gangwar for the petitioner and Mr. NK Majmudar for the respondents.

(2.) THE petitioner, a private limited company having its industrial unit where it had consumed electricity supply by the respondents, has challenged the calculation and demand of Rs.8,15,276-30 ps., as per supplementary bill dated 9-13/7/2004 issued by the respondents.

(3.) BEFORE entering into the merits of the case, it is to be recollected that on receipt of demand letter dated 18/7/2002 demanding the above referred amount by the respondents, the petitioner has preferred Special Civil Application No. 7575/2002. However, such petition was withdrawn by the petitioner on 16/10/2002 by seeking leave to withdraw the petition with a liberty to approach the Gujarat Electricity Board by filing appropriate representation in this regard. While permitting the withdrawal of such petition, this Court has stated that on representation being made by the petitioner, the Board was directed to consider the same in accordance with law after giving opportunity of personal hearing to the petitioner. It is not in dispute between the parties that after such order, the petitioner has filed representation before the respondents and respondents had given an opportunity of personal hearing to the petitioner on different dates and ultimately the petitioner has remained present before the Officers of the respondents on 28/6/2004 and submitted written representations dated 5/4/2004 and 21/4/2004. However, respondents have taken stand and clarified to the petitioner that the Appellate Committee is a Quasi Judicial Body comprising of outside Judicial Member Invitee [Legal], who is a Retired Judicial Officer and outside Experts as Member Invitee [Technical] in addition to in-house Experts and, therefore, once a decision has been rendered by the Appellate Committee in exercise of the powers vested in it by the Appellate Regulations made under sub-sections [J] and [K] of Section 79 of the Electricity [Supply] Act, 1948 and in absence of any provision in the said Appellate Regulations empowering even the Appellate Committee to re-hear and/or review its own decision, no power has been vested in any officer of the Gujarat Electricity Board to re-hear and/or review the appeal or to revise or modify the decision already rendered by the Appellate Committee and that no officer of the Gujarat Electricity Board can sit in appeal over the decision rendered by the Appellate Committee.