RAJINDER KUMAR Vs. HARYANA VIDYUT PARSARAN NIGAM LTD.

JUDGEMENT

(1.) WHETHER clause 24A(xiii) of the Terms and Conditions of Supply of Electricity which requires the payment of 50% of the assessed amount as a condition precedent to the entertaining of appeal is ultra vires to Article 14 of the Constitution of India ?

(2.) A perusal of the averments made in the petition and the contents of the annexed documents shows that petitioner No. 1 had obtained electricity connection from the Haryana State Electricity Board (hereinafter referred to as 'the Board') in 1987 for running a crusher. He also installed an Atta Chakki, which was later on leased out to petitioner No. 2. The petitioners have averred that in July, 1998, there were heavy rains in the area leading to the leakage of current in the wall. They made a complaint about this to the authorities of the erstwhile Board who gave direct connection to prevent accident likely to be caused due to leakage of current. However, on 2.8.1998 their premises were checked by the officers of the Board who accused them of committing theft of electricity and on the very next day memo dated 3.8.1998 was issued imposing penalty of Rs. 1,17,054/-. They filed appeal against the illegal demand which has been dismissed by the Executive Engineer-cum- Appellate Authority on the ground of non-payment of 50% of the assessed amount as required by clause 24A(xiii) of the Conditions of Supply.

(3.) IN our opinion, none of the contentions urged by the learned counsel merits acceptance. The rights and liabilities of the erstwhile Haryana State Electricity Board were transferred to Haryana Vidyut Parsaran Nigam Ltd. (hereinafter referred to as 'H.V.P.N.') which is registered as a government company. After its formation, H.V.P.N. decided to take stringent measures for curbing the theft of energy being supplied to the consumers. With this object and view, the Terms and Conditions of Supply were amended by issuing notification under Section 49 of the Act. Clause 24a(xiii) of that notification which relates to appeal reads as under :