USHA BELTRON LTD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Ram Balak Mahto, learned Sr. Counsel appearing for the petitioners and Mr. L.K. Bajla, learned Sr. Counsel appearing for the respondent-Board.

(2.) In this writ application petitioners prayed for issuance of appropriate writ revoking the authority of respondent No.2, General Manager-cum-Chief Engineer; Singhbhum Area, Bihar State Electricity Board, Jamshedpur to adjudicate the dispute raised by the petitioners in the representation as directed by this Court in terms of order dated 27.1.2000 passed in CWJC No. 223/2000 (R) on the ground that he has denied to follow the principle of natural justice.

(3.) Pursuant to the agreement entered into by and between the petitioner and the respondent-Board the petitioner has been consuming electricity under the sanctioned contract demand of 19500 KVA. Some time in December and January, 2000 inspections were carried out and during inspection it was reported that there had been pilferage of electricity by the petitioner-Company. On the basis of inspection report the Board raised a provisional compensatory bill on account of alleged theft of energy for a sum of Rs. 40,39,50,747/- and disconnected the supply of electricity. The petitioner challenged the said bill and the action of the respondents by filing CWJC No. 223/2000 (R). The said writ application was placed before me for hearing and the same was disposed of in terms of the judgment and order dated 27th January, 2000. This Court in the said judgment formulated two issues for consideration, whether the respondent-Board was justified in disconnecting the supply of electricity on the ground of detection of theft and pilferage of electricity by the consumer and whether the Board was justified in raising a supplementary bill without giving any notice to the petitioner. Relying upon the various decisions of the Supreme Court and this Court, the first issue was decided in favour of the Board and this Court observed :