SHYAMSUNDER NARANPRASAD CHAUDHARI Vs. GENERAL MANAGER AHMEDABAD TELEPHONES

JUDGEMENT

(1.) The petition is regarding disconnection of two telephones and the prayer is for restoration. It was admitted on 28-4-1987.

(2.) Thereafter, Civil Application No. 812 of 1987 was filed on 22-5-1987. Affidavit-in-reply was filed by the department on 23-6-1987. Affidavit-in-rejoinder by the petitioner was filed on 26-6-1987. On that day i.e. on 26-6-1987, the Court had passed the following order :-

(3.) The learned Counsel for the petitioner submits that the disconnection of each of the two telephones without any notice to the petitioner or to the firm is illegal, especially when there is no breach or default on the part of the petitioner. Secondly, it is submitted that the Telephone Department had acted on the application of the outgoing partner alone for shifting of one connection and when the petitioner received the bill for that telephone, the petitioner had complained to the Department by his letter dated 9-2-1987 (Annexure-D) that this telephone was unauthorisedly reconnected and misused; he had specifically alleged that one Junior Engineer of the Telephone Department Kiritsinh Jadeja was behind the mischief and it was requested that the authority may inquire as to why the petitioner's telephone was disconnected from his premises and being used elsewhere. It was also mentioned that Kiritsinh Jadeja was working as a Junior Engineer in the Telephone Department at the National Chamber, Ashram Road. A reply was given on 16-4-1987 that the matter was under investigation. Kiritsinh is said to be related to the outgoing partner Jitendrasinh.