M.KESAVAN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THE petitioner runs an Engineering Industry in the name and style of "M/s.Globe Industries" at Teynampet, Chennai. THE Anti-power THEft Squad of the respondent Board inspected the premises of the petitioner's industry on 31.12.1983. In the inspection, they found that the departmental seal on the Electric Meter was replaced with bogus seals. Based on the same, a criminal complaint was lodged against the petitioner. Ultimately, the criminal case ended in acquittal on 30.01.2006.

(2.) THEREAFTER, the petitioner was directed to appear for enquiry on various dates, in relation to theft of Electric energy, before the second respondent. The petitioner did not appear for the enquiry. In these circumstances, the second respondent passed an order dated 24.01.2008 assessing that there was a loss of Rs.3,00,990/- due to theft of electric energy. The Meter was installed on 11.05.1983 and the Inspection was made on 31.12.1983. The second respondent proceeded as if the petitioner operated the industry for two shifts for 16 hrs. every day for assessing the loss. The petitioner filed an appeal dated 26.03.2008 to the first respondent. The petitioner filed a writ petition in W.P.No.4778 of 2008 to quash the aforesaid order dated 24.01.2008 of the second respondent. Taking into account the filing of appeal before the first respondent, this Court disposed of the writ petition in W.P.No.4778 of 2008 on 11.08.2011, directing the first respondent to dispose of the appeal within a stipulated period.

(3.) THE contention of the petitioner is that the impugned appellate order was passed without application of mind. It is the categorical case of the petitioner that when the petitioner stated in the grounds of appeal that there is no reason for the department to presume that the petitioner operated the industry for two shifts for 16 hours for calculating the loss, the appellate order did not consider those objections.