ASHWINBHAI RAMNIKLAL Vs. GUJARAT URJA VIKAS NIGAM LTD.

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 9.3.2004 passed by the Appellate Committee of the erstwhile respondent Company known as Gujarat Electricity Board. The facts arising in this petition are as under: - -

(2.) HEARD Ms. Sudha Gangwar, learned advocate for the petitioner and Mr. A.D. Oza, learned advocate for the respondents.

(3.) PER contra, Mr. A.D. Oza, learned advocate for the respondents has supported the impugned order. It is submitted that it is clearly evident from the report of the laboratory that the meter was tampered and four vital components of the meter were adjusted by the petitioner in such manner so as to commit theft of the energy. Mr. Oza relying upon the laboratory report submitted that the findings arrived at by the Appellate Committee are legal and proper and passed on true and correct interpretation of the evidence on record. It is therefore submitted that this is not a fit case, wherein this Court may be pleased to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. It is therefore submitted that the petition is misconceived and the same deserves to be dismissed.