CHEN KUAM TAIN Vs. CESC LIMITED

JUDGEMENT

(1.) The writ petitioner's line was disconnected by the CESC on suspected case of pilferage as the officials of the CESC found on the date of detection that the original seals affixed on the body of the meter were replaced by spurious seals. The writ petitioner seriously challenged the aforesaid action and contended that there could not be any case of tampering of seals for using spurious seals by the petitioner. Pursuant to the interim order granted by this Court, a certain amount has been paid and the line has been restored and the petitioner has been enjoying the electric connection since then.

(2.) Since the petitioner challenged the factual case of the CESC that the seals were replaced by spurious ones, therefore at the ad interim stage Justice Barin Ghosh was pleased to pass an order appointing a Special Officer for examination and comparison of the seals of the meter which are in dispute, with those of the meters which are not in dispute. The Special Officer submitted report before this court and having considered the report it was of the view that it was not possible for the court to come to the conclusion upon physical comparison whether the seal removed from the disconnected meter was spurious or not.

(3.) Pursuant to the aforesaid order, the Head of the Department, Jadavpur University, had submitted a report and it would be appropriate to reproduce the text of the report as hereunder :