GENERAL MANAGER EAST CENTRAL RAILWAY Vs. CHIEF MANAGING DIRECTOR (CMD) BIHAR STATE POWER HOLDING COMPANY LIMITED

JUDGEMENT

(1.) The instant writ petition has been filed by the East Central Railway being aggrieved by certain bills raised in connection with the electricity consumption for the period April 1994 to July 1994.

(2.) For ensuring constant running of trains, the petitioners purchased High Tension (HT) power from various Power Distribution Companies. The electrical feed for running of the trains is provided through Traction Sub- Station ('TSS' for short) which are located beside the Railway tracks. The same derive power from the Grid Sub Station ('GSS' for short) of the Distribution Company.

(3.) There is one GSS located at Paharpur in Dhanbad division of the Railway, which receives power from Bihar State Power Holding Company Limited (' BSPHCL' for short) and its subsidiaries, in this case from South Bihar Power Distribution Company Limited based on an agreement dtd. 10/6/1992 between the erstwhile Bihar State Electricity Board and the petitioners. Under the agreement, the respondent-company, being the successor in interest of the Bihar State Electricity Board, is under an obligation to ensure a constant supply of electrical energy at the pressure of 132 KV subject to the terms and conditions of the agreement. The petitioners (consumers) were under a corresponding obligation to take the supply, as per the agreement, failing which, they were liable to certain charges of an amount being the minimum guarantee charges. The respondent -company, as per the agreement, was to provide and erect switchgears and meters as considered necessary for ensuring control by the Board over the supply of electricity and to measure the supply being made.