VINOD KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Sujeet Sinha, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Mehboob Ahmad appears for U.P. Power Corporation Ltd.

(2.) On 30.5.2012, we passed following orders as follows:-

(3.) Shri Mahboob Ahmad has filed an affidavit of Shri Awanish Kumar Awasthi, Chairman and Managing Director of U.P. Power Corporation Ltd, Shakti Bhawan, 14 Ashok Marg, Lucknow in compliance with the aforesaid orders. Along with the affidavit he has annexed an order dated 30.6.2012 passed by him in which he has quoted Section 126 of the Electricity Act, 2003, and Clause 6.8 of the U.P. Electricity Code, 2005 and has directed all the Corporations distributing electricity and the Executive Engineers of the Electricity Distribution Divisions to strictly follow the procedures prescribed under Section 126 of the Act and under Clause 6.8 of the Electricity Supply Code, 2005 and not to issue any recovery certificates, until and unless final assessment is made in theft case, after giving reasonable opportunity of hearing to the consumer/user under sub-section (3) of Section 126. The order, under sub-section (3) of Section 126, shall be passed within 30 days from the date of service of provisional assessment. He has also directed that the recoveries already issued without making final assessment should be withdrawn forthwith, but the same shall be issued again immediately after passing an order of final assessment and all such matters, in which recoveries are withdrawn, shall be finalized within a period of three months from the date of its withdrawal. In the last paragraph of the order dated 30.6.2012, the Chairman & Managing Director, U.P. Power Corporation Limited has directed all the officers to ensure that the recoveries will be sent in future only in those cases in which final assessment order has been passed, failing which necessary action shall be taken against the concerning/authorized officers.