THE SUPERINTENDING ENGINEER-DISTRIBUTION, TAMIL NADU ELECTRICITY BOARD AND THE ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU ELECTRICITY BOARD Vs. S. SHEIK DAWOOD

JUDGEMENT

(1.) THE Tamil Nadu Electricity Board, the defendants in O.S. No. 950 of 2000 are the appellant before this Court.

(2.) O .S. No. 950 of 2000 was filed by the respondent/plaintiff for a declaration to declare that the suit impugned notice dated 21 -08 -2000/4.9.2000 is illegal, arbitrary and unenforceable and also for a consequential injunction restraining the Tamil Nadu Electricity Board from enforcing the suit impugned notice (or) in any manner acting upon it (or) collecting any amount (or) disconnecting the supply of electricity.

(3.) THE Board filed a Written Statement stating that the subject Service Connection is standing in the name of the plaintiff and it was inspected by the defendants along with the Anti Power Theft Squad on 11 -07 -2000 in the presence of the plaintiff. It was found that there was a theft of energy by tampering the Security Seals. Once it was confirmed that the Security Seal was tampered, necessary police complaint was lodged and a case was registered in Crime No. 665 of 2000. An opportunity was given to the plaintiff and thereafter, it was confirmed that the plaintiff tampered with the security seal and dishonestly abstracted, consumed and used energy with an intent to defraud the Board and thereby incurred loss of revenue to the Board. It was pointed out by the Board that a show -cause notice was issued and thereafter, a personal enquiry was also held. During the enquiry, no evidence was produced by the plaintiff in his favour and therefore, an Assessment Notice was issued by the Executive Engineer directing him to pay a sum of Rs. 2,10,174/ - as loss of revenue to the Board with a working sheet. The contention of the Board is that the Working Sheet for the calculation of loss of revenue was prepared as per TNEB's terms and conditions of supply of Electricity Act. Hence, they prayed for the dismissal of the suit.