SHAKTI COLD STORAGE Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the Bihar State Electricity Board.

(2.) THE petitioner has approached this Court for setting aside and quashing the provisional punitive bill dated 11.6.2008 raised pursuant to the F.I.R. lodged by the informant, Assistant Engineer, Electric through memo no. 142 dated 10.6.2008 and other consequential developments and actions pursuant to the said provisional punitive bill.

(3.) THE principal submission of learned counsel for the petitioner is that on 16.5.2007 when the defective meter was replaced by another one, there was no allegation of tampering of seal, etc. either by the authorities of the Board or by the representatives of M/s Secure Meter Ltd., who were admittedly present On the spot. In this regard, learned counsel for the petitioners refers to Annexure-1, which is the Installation and Commissioning Certificate of HT Meter dated 16.5.2008 in which it is stated that the meter was inspected by M/s Secure Meter Ltd. and it was decided by them to replace with a new meter and, accordingly, the meter was replaced by a new meter and the old meter was taken back by M/s Secure Meter Ltd. It is thus, contended that having found the meter in order on 16.5.2006, when it was taken out without any allegations and replaced by another meter, it was not open to the respondents to have, after a gap of one year, informed and analysed defects of the meter when no such defect was pointed out at the time of replacing the meter. It is argued that the defective meter, which was taken out, was not sealed in the presence of the consumer-petitioners, which is the requirement of a fair procedure and the same has also been adumbrated in the Bihar Electricity Supply Code, 2007. It is contended that the defective meter not having been so sealed in the presence of the petitioner, it was not open to the authorities of the respondent-Board to have at all sent it for being tested by anyone, more so by M/s Secure Meter Ltd. which was an interested party in the matter.