LAWS(P&H)-2013-1-672

ER HARI SINGH SOHI Vs. POWERCOMM AND OTHERS

Decided On January 09, 2013
ER HARI SINGH SOHI Appellant
V/S
POWERCOMM AND OTHERS Respondents

JUDGEMENT

(1.) As per the averments made in this writ petition, the petitioner was posted as Additional Superintending Engineer/Operation Division, Dhuri during the period from 28.05.2001 to 06.12.2007. He was served with a show cause notice dated 05.02.2007 for negligence committed by him in performance of his duties alleging that during the said period, theft of energy was being caused by consumer namely M/s Goel Poultry Farm, village Meemsa falling in his jurisdiction because of negligence of the PSEB staff including the petitioner, as even after checking the aforesaid connection on 31.03.2006, the petitioner failed to notice any abnormality in the connection and consumption pattern of the consumer, which resulted into continuous theft of power by the consumer and such theft could be detected only on 24.08.2006 when a checking was made by Senior Executive Engineer (Enforcement) Sangrur.

(2.) The petitioner filed reply to the aforesaid show cause notice issued to him admitting the fact that he checked the connection of M/s Goel Poultry Farm, village Meemsa falling in his jurisdiction on 31.03.2006, however, he denied the fact that he had failed to notice any abnormality in the connection and consumption pattern of the consumer, which resulted into continuous theft of power.

(3.) It is the case of the petitioner that on the basis of his report, supplementary bill amounting to Rs. 60,341 was issued to the consumer vide Memo No.652 dated 09.05.2006 and even a letter dated 04.04.2006 and reminders dated 10.05.2006 and 20.08.2006 were written to the Senior Executive Engineer, Flying Squad, Patiala for checking the alleged connection of the consumer, but the Flying Squad failed to turn up and it was only upon his repeated requests that the theft could be detected by the Flying Squad after opening the CT Chamber which he was not authorized to open, and thus, it was stated in the reply that no theft of supply was caused due to his negligence.