AYYANAR Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE writ petition has been filed challenging the show cause notice issued by the second respondent-Assistant Executive Engineer.

(2.) THE first petitioner is the brother of the second petitioner. The case of the first petitioner is that he is running a Rice Mill in Madurantakam village and he is the consumer of electricity under the Tamil Nadu Electricity board; there was no complaint whatsoever since 1 990 when the Unit was put to operation; a new building was constructed in August 1997 and machineries were installed to establish a modern Rice Mill with higher load of 67 H. P. as against the existing load of 30 H. P; the officers of the respondents-Electricity Board have been regularly inspecting the Mill and there was no complaint of irregularity; that on 9. 11. 1997, the first petitioner had given a complaint to the Electricity Board that the wire from the electric post to the Mill was burnt; similar complaints were given on several occasions previously; on 14. 11. 1997, an inspection was made by the authorities and the damaged wire was removed from the Meter Box in the Rice mill to the entire length upto the electric post and the same was replaced with a new wire; there was no supply of current for the period 9. 11. 1997 to 14. 11. 1997; subsequently, Assistant Executive Engineer (O and M) inspected the service connection on 26. 11. 1997 and the reading in the Meter was recorded; on 27. 11. 1997 around 10. 20 a. m. , the Assistant Executive Engineer visited the rice Mill premises and represented that they are going to correct the Meter and the first petitioner informed them that the Meter was in good condition and did not require any repair; the Meter was inside the box which was sealed; however, the authorities proceeded to remove the two seals in the box and attempted to remove the seal on the Meter; the first petitioner requested the officers to issue an order in writing about the removal of the seal from the box; a letter was given by the authorities; on the next day, the Junior engineer, in the absence of the first petitioner, retrieved the above referred letter from the first petitioner's wife and on 28. 11. 1997, the first petitioner's wife was asked to sign in a sheet of paper which was not read out to her and the licence was taken from her custody on the same day; a notice dated 29. 11. 1997 was issued by the Assistant Executive Engineer calling upon the petitioners to show cause as to why action should not be taken for tampering with the Meter seals and for committing theft of energy; the petitioners submitted a detailed reply by letter dated 6. 12. 1997, denying all the allegations; in the meantime, the impugned show cause notice was issued on 5. 12. 1997, whereby the authorities determined the loss caused by the petitioners at a sum of Rs. 8,86,534/- and also called upon the petitioners to appear before the Executive Engineer on 20. 12. 1997 for enquiry and represent the case against the various charges levelled in the show cause notice.

(3.) THE gist of the charge in the show cause notice is that on inspection, it was found that there was theft of energy by removing the seal of the C. T. Meter and the top cover and thereafter the Meter readings were tampered to show lower consumption of electricity and the electricity so drawn was used for running the Rice Mill and by committing the said offence, the petitioners had dishonestly abstracted, consumed and used energy with intent to defraud the Electricity Board and cause revenue loss; it is stated in the impugned show cause notice that "the above said illegal extraction, consumption and use of energy is punishable under Section 39 (1) of the Indian electricity Act, 1910 / 39-A of the Indian Electricity Act, 1910, 44 (1) (c) of the Indian Electricity Act, 1910 / Rule 138 of the Indian Electricity Rules, 1956. Prima facie evidence like a bit of wire/a stick/a string/ counterfeit seals found and seized by the inspecting team would prove that there was theft in your service/illegal restoration of the disconnected service. "