CHAND DATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who runs a Beauty Parlour in the name of 'kaya Kalp' at 41 (76) Bhanwartal, Napier Town, Jabalpur, is provided telephone bearing number 27395. Petitioner's husband Lt. Col. S. C. Datta residing in Cantonment Area was also provided a telephone connection bearing number 320244 of which he did not pay the charges of telephone bills amounting to Rs, 53,193. 00. For the non-payment of the charges by the subscriber the telephone number 320244 was disconnected by the Telecom department. Thereafter Telecom Department issued a notice directing the petitioner to pay the amount of telephone bills of telephone number 320244; or in default action to disconnect the petitioner's telephone. The petitioner sent a reply that the petitioner stays separately from her husband in a different locality having her independent telephone. Therefore, the petitioner's telephone cannot be disconnected for the non-payment of charges of the telephone provided to her husband residing separately in a different locality. Petitioner also gave the present address of her husband, so that the Department may recover the amount of telephone bills due to him. In spite of the reply, the petitioner's telephone was disconnected. Hence this petition under Article 226 of the Constitution of India for issuance of a writ of mandamus or any other suitable writ, direction or order for restoration of petitioner's telephone and to pay damages.

(2.) LEARNED counsel for the petitioner submits that Central Government in exercise of the power under section 7 of the Indian Telegraph Act, has framed the Indian Telegraph Rules, 1951 (for short 'the Rules' ). Rule 443 of the Rules deal with default of payment, which gives power to the Department to disconnect the telephone of a subscriber in case of default; but that power cannot be exercised to disconnect the telephone of a relative of such defaulter. Counsel cited decision in Dr. B. V. Manek vs. Mahangar Telephone nigam Ltd. , AIR 1996 Bom. 53 and a Division Bench decision of Gauhati high Court in Santokh Singh vs. Divisional Engineer, Telephones, Shillong air 1996 Gau. 47.

(3.) PART V of the Rules dealt with rules for telephone. Rule 443 provides for consequences of default in payment of bills which reads thus -