PINTU RANJAN DEY Vs. CESC LIMITED & ORS.

JUDGEMENT

(1.) The electric connection to the petitioner was disconnected by the licensee pursuant to a raid conducted by the latter. The raid revealed that several consumers of electricity were unauthorisedly using it by direct connection from the service cut out to the main switch by passing the actual meter. A provisional bill was raised to the tune of Rs. 54,19,925.00 for such unauthorized use of electricity and the same was sent to all the alleged wrong doers. The petitioner has challenged the provisional bill primarily on the ground that he is a caretaker in respect of the premises in question under the private respondent and cannot commit the said offence. The second and the more vehement objection is to the amount mentioned in the provisional bill.

(2.) Whether the petitioner can commit the offence or not is not for the Writ Court to judge. All said and done the petitioner was admittedly a caretaker of the respondent no. 9 and was engaged by him to look after the premises in question and the unauthorized use of electricity has been detected in the meter board of the said premises at the ground floor where the petitioner's room is located.

(3.) The second ground of challenge is with regard to the quantification made by the licensee. According to the petitioner he was enjoying domestic connection but the computation has been made on the basis at the commercial and industrial tariff rate. In support of his contention the petitioner has relied on a Division Bench Judgment of this Court in the case of Sk. Jaffar Ali & Anr. Vs. West Bengal Statge Electricity Distribution Company Limited & Ors., reported in A.I.R. 2010 Cal 84 . There the Division Bench had held that whether meter is given for domestic supply but used illegally for commercial purposes the assessment should be made at the rate equal to twice the tariff applicable for the relevant category of service, i.e. the domestic category. Such assessment is to be made for a period of one year if the period of unauthorized use is not certain or has not been arrived at.