V R RAGHAVAN Vs. TELECOM DISTRICT ENGINEER

JUDGEMENT

(1.) Heard the learned Senior Central Government Standing Counsel.

(2.) There is no merit in this appeal at all. A telephone subscriber was slapped with some bills, which according to him were excessive. A detailed enquiry was undergone and it was found by the Department that the apparatus, lines and the telephone were perfectly alright. However, the said subscriber, in collusion with some accounting staff, managed to tamper with the bill electronically and in the process, duped the Department of a sum of Rs.3,71,685/-. There was a perfect checking done of the apparatus which was found to be faultless. It was only in the accounts department that the fraud was perpetrated. The petitioner then also went to the extent of giving an undertaking before the Department that he would pay the arrears amount of Rs.1,73,807/- in 40 regular instalments, probably having realised that he was at fault. Be that as it may, the petitioner obviously went back on his undertaking and after he was slapped with the two additional bills, approached this Court by way of writ petition. The following is the prayer in the writ petition:

(3.) Before making this prayer, the petitioner had averred in paragraph 10 of his affidavit as stated below: