R MAITY AND CO Vs. CESC LIMITED

JUDGEMENT

(1.) BY this writ petition the petitioner seeks a direction upon the State to withdraw the sanction granted to the Conditions of Supply of 2001, and in particular clause 29 of such Conditions.

(2.) THE case of the petitioner is that the electricity to its business premises was disconnected on 18th August, 2001. Prior thereto an inspection was held by the Licensing Company with a threat to disconnect line from the pole jumper. A complaint was also lodged at Tiljala Police Station and the said theft was proved correct as disconnection took place on 18th August, 2001. On an earlier occasion supply had been disconnected and when disconnected in 1998 WP No. 281 of 1998 was filed wherein an order was passed directing the Chief Electrical Inspector to inspect connection in the said premises. Accordingly, an inspection was held and report filed, wherefrom, it appears that the allegations of the Licensing Company was unfounded and accordingly reconnection of electricity was directed. THErefore, on the basis of the report of the Chief Electrical Inspector, the action of the Licensing Company is illegal and the said Regulations with regard to pilferage is beyond Section 39 of the 1910 Act. Section 26(6) of the Indian Electricity Act 1910 postulates consideration of disputes by the Chief Electrical Inspector. THErefore, the licensing Company is not entitled to decide the correctness of the meters and as Regulation 29 is contrary to Section 39 of the 1910 Act the said Regulation be struck down.

(3.) COUNSEL for the licensing Company submits that under Section 26(6) of the 1910 the Chief Electrical Inspector is only to decide cases with regard to correctness of meter and not cases of pilferage as held in AIR 2007 Calcutta 71 (CESC Ltd. and Ors Vs- Pawan Kumar Kedia). In the case of CESC Ltd Vs- Lohia Mandelia and Ors decided on 5th September, 2006 in APO 123 of 2003 the validity of the Conditions of Supply 2001 has been upheld. Therefore the Conditions of Supply 2001 cannot be questioned.