BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN BAILEY ROAD PATNA Vs. M/S HARSH ADVANCE DIAGNOSTIC AND RESEARCH PVT. LTD. AND OTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing of the part of the order dated 20.10.2011 (Annexure-5) passed by the Appellate Authority cum Electrical Inspector, Patna in Appeal No. 23/2010 whereby and whereunder he has set aside the charge of meter tampering.

(3.) Learned counsel for the petitioners submits that in C.W.J.C. No. 506 of 2012 preferred by the respondent no. 1, this Court by its order dated 02.02.2012 (Annexure-A) had set aside the part of the impugned appellate order dated 20.10.2011 passed in Appeal No. 23/2010 (Annexure-5) with a direction to the Appellate Authority to examine the documents of the respondent no. 1 and pass appropriate order. It is submitted that the matter is still pending before the Appellate Authority. It is pointed out that in the part of the order of the Appellate Authority under challenge in the present writ petition, the Appellate Authority has written a finding that since the seal on the meter was not kept intact, it was not possible to carry out further testing of the meter itself. It is submitted that such finding of fact is ex facie contrary to the materials on record and as such this part of the impugned order is also liable to be set aside for fresh decision. It is stated that the meter in question had been removed under sealed and is lying in police custody in connection with the FIR in Budha Colony P.S. Case No. 138/2010 (Annexure-2). It is therefore submitted that contrary to the finding of the Appellate Authority, it is very much possible to have the meter re-tested.