SHREEJI PIPE INDUSTRIES Vs. ASSISTANT ELECTRICAL INSPECTOR

JUDGEMENT

(1.) TODAY, when the matter is called out for final hearing, the learned counsel for the petitioner is not present.

(2.) THE present petition under Article 226 of the Constitution of India is filed by the petitioner against the order dated 28. 2. 2006 passed by the Appellate Authority, respondent No. 1 herein, by which, the original supplementary bill for Rs. 1,72,992. 20 ps was cancelled and revised supplementary bill for Rs. 1,23,762. 37 ps was issued, on the ground that exercise of the power by the Appellate Authority is contrary to the procedure and against the evidence on record. It is contended by the petitioner that the finding recorded in the report of laboratory testing that seals of the meter are duplicate, is absolutely perverse and the request of the petitioner to recheck the meter was not considered by the Appellate Authority. It is further contended by the petitioner that no evidence of any expert of the Company or representative of seal producing company is recorded and, therefore, without scientific evidence, assessment of the impugned supplementary bill on the ground of theft of power is illegal, arbitrary and deserves to be quashed and set aside.

(3.) AT the outset, it is to be noted that this petition under Article 226 of the Constitution of India is filed against the concurrent findings of fact arrived at by the Competent Authority as well as the Appellate Authority on the basis of the material and evidence on record. From the perusal of the record, it transpires that the petitioner was found to have been indulged in theft of electricity. Initially, the meter of the petitioner was checked on a complaint dated 6. 5. 2005 and the old meter was removed, wrapped and sealed in presence of the petitioner and sent to the laboratory for inspection. Not only that, but, in presence of the representative of the petitioner, the above meter was checked on 17. 6. 2005 and it was found that the petitioner committed theft of electricity tampering with seals and embossing was different. The laboratory inspection report indicates that inside the meter, there were carbon marks on the "b" phase coil and screws and "b" phase was burnt from the main side and the seals were found to be duplicate. The above facts clearly indicate that it was a case of theft of electricity and the report of the Electrical Inspector relied upon by the Authority below for issuing the supplementary bill in question cannot be said to be in any manner unreasonable, arbitrary or illegal exercise of power.