MULTAN SINGH, ASSISTANT ENGINEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (for short the Code) for quashing the FIR No. 278 dated 11-7-1987, Police Station. Central, Faridabad, relating to large scale theft of electric energy by various industrial units in connivance with the concerned staff of the Haryana State Electricity Board (for short, the Board). The petitioners are Assistant Engineers or Assistant Executive Engineers who were posted in the M&P Division (i.e. Maintenance and Protection Division) of the Board for Faridabad and Ballabgarh areas during the relevant period from January 1986 to January 1987.

(2.) ACCORDING to the FIR the Director, Vigilance and Security of the Board received intelligence reports regarding large scale theft of electric energy by several industrial units in connivance with the staff of the Board. Readings from the feeder meters at various sub-stations as also those from the records maintained at the sub-stations were obtained. Readings were also obtained through the Sub Divisional Officers concerned with respect to the consumer meters of various, industrial units for the period January, 1986 to January, 1987. It was discovered that the variance between the readings at the point of supply and the point of consumption far exceeded the permissible limits of 7% (being +/-3% on account of working of meters and 1% due to line losses). It was, therefore, observed that the various industrialists had indulged in large scale theft of electric energy in connivance with the staff of the Board. The staff responsible for sealing/maintenance of the meters was the M&P Organisation and the petitioners were working there during the period in question. It was requested that the case be got investigated and culprits brought to book.

(3.) FURTHER case of the petitioners is that as per standing practice, a monthly report is sent to the Head Office. In addition, a special report (Annexure P5 with its enclosure P5 1 to P-5/5) was sent by Sub Divisional Officer (Operation), Mathura Road Sub Division, Faridabad, with respect to the particular period of January 1986 to January 1987 specifically in view of the data mentioned in the letter of Director, Vigilance. The special report concluded, on the basis of data mentioned therein that the variance was within permissible limits and in three instances mentioned in Annexure P-5/4 the feeder meter at the sub-station had run in reverse direction for technical reasons given therein.