KIKKAR SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner in this petition under Articles 226/227 of the Constitution of India seeks quashing of the letter dated 2.3.2001 (Annexure P-2) issued by the Assistant Executive Engineer, Punjab State Electricity Board (Board, for short) Ludhiana (respondent No. 3), the order dated 20.9.2001 (Annexure P-3) passed by the Zonal Level Dispute Settlement Committee of the Board and the order dated 29.11.2002 (Annexure P-5) whereby the appeal preferred by the petitioner has been dismissed as also the intimation/bill Annexure P-6 informing the petitioner of the decision of his case by the Dispute Settlement Authority in terms of which the petitioner has been charged an amount of Rs. 1,96,727/- on the allegations that Meter glass of his electric meter was found tampered and thus the petitioner has been suppressing his consumption.

(2.) THE petitioner is a consumer of electricity supplied by the Board and earlier had sanctioned load of 33.724 KWs. The electric meter in respect of his electricity connection was changed on 22.10.1983 vide MCO (Meter Change Order) dated 10.10.1983 and the load was extended to 46.406 KWs. The said meter that was installed on 22.10.1983, it is stated, was not a fresh meter but was an Old T and P (Tools and Plants) meter. In support of this, the petitioner has placed on record the extract of spot memo dated 22.10.1983 (Annexure P-1). The electric load was again extended from 44.406 KWs to 78.352 KWs. However, the meter was not changed despite increase in the load. On 1.2.2001, the meter was changed in order to install an electronic meter. The meter that was removed was sealed and sent to M.E. Laboratory for testing which was tested on 19.2.2001. It was reported that the meter glass was tampered. The petitioner was accordingly served with a penalty letter dated 2.3.2001 (Annexure P-2) informing him that his connection was checked on 19.2.2001 by the Enforcement Staff and it was found that the Meter Glass was tampered through which the consumer was controlling the consumption and power theft was suspected. In order to fulfil the shortcomings the petitioner was asked to deposit a sum of Rs. 1,96,727/- and in case of non-compliance to the notice then his connection would be disconnected. The petitioner deposited the requisite amount and at the same time challenged the said letter dated 2.3.2001 (Annexure-P.2) before the Zonal Level Dispute Settlement Committee which in terms of order dated 20.9.2001 (Annexure-P.3) held as under :-

(3.) ACCORDINGLY , in terms of letter dated 21.1.2003 (Annexure P-6), the petitioner was informed that the Dispute Settlement Authority had decided his case and the amount charged was recoverable. In compliance to the said order the petitioner was required to deposit an amount of Rs. 90,151/-. The said demand to recover the amounts as already noticed are assailed by the petitioner.