CESC LIMITED Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The CESC Ltd, a distribution licensee operating in West Bengal, has preferred the instant writ petition under article 226 of the Constitution of India, challenging an order dated February 8, 2016 passed by the Appellate Authority under Sec. 127 of the Electricity Act, 2003.

(2.) Upon an allegation of theft having been made by the CESC, a complaint was lodged against the private respondent Nos. 2 to 5 and a proceeding initiated under Sec. 135 of the 2003 Act. A parallel proceeding under Sec. 126 of the 2003 Act was also initiated against the said private respondents. A provisional order of assessment was made and, thereafter, upon hearing the private respondents, a final order of assessment was passed by the Assessing Officer of the CESC on November 11, 2015, thereby holding that the private respondents were guilty of unauthorised use of electricity.

(3.) The private respondents, being thus aggrieved, preferred an appeal against such final order under Sec. 127 of the 2003 Act. The Appellate authority, by its order dated February 8, 2016, disposed of the appeal by holding that the assessment made against the present private respondents was unjustified and the same was quashed and set aside. The petitioner CESC was, however, given liberty to take appropriate action against the appropriate person committing such unauthorised use of electricity, after proper verification of the address.