TIRUPATI WIRES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been preferred by petitioner for direction upon the respondents to accept the deposit of security money amount to Rs. 3,50,832.00 in shape of National Saving Certificate (N.S.C. for short) for proposed load of 150 KVA sanctioned to the petitioner vide letter No. 1513/ESE/Giridih dated 27th September, 2002.

(2.) It is alleged that the respondents have refused to accept such security money in shape of N.S.C. vide their letter No. 1526/ESE/Giridih dated 1st October, 2002 on the ground that there is no circular/guideline issued by the Jharkhand State Electricity Board (J.S.E.B. for short). The main plea taken by the petitioner is that the refusal to accept N.S.C. as security deposit by respondent-J.S.E.B. is contrary to Clause 15.2.13 of the Jharkhand Industrial Policy, 2001. The respondents have opposed to accept security money in shape of N.S.C. on the ground that there is no such policy/guideline issued by the State of Jharkhand or J.S.E.B. for grant of fresh Electrical connection. The question arises whether the J.S.E.B. can be forced to accept the security money in shape of N.S.C. for sanction of load and grant of fresh electrical connection or not.

(3.) For determination of the issue, it is desirable to discuss one or other guideline/policy issued by the State of Jharkhand or J.S.E.B. An Industrial Policy, 2001 was issued by the State of Jharkhand vide Memo No. 1888 dated 25/08/2001. Therein, certain guidelines were given in respect to power sector. While Clause 15.2.4 of the said Policy, 2001 deals with priority to industrial connection, at Clause 15.2.13, it is stipulated that the State Electricity Board will accept N.S.C./Fixed Deposit against security money. The aforesaid policy now followed by resolution No. 223 dated 13th August, 2002 issued from Energy Department of the State of Jharkhand u/S. 78A of the Electricity (Supply) Act, 1948. Therein, while certain benefits were allowed to consumers, for grant of contract, the manner in which tender notice to be issued and security money to be deposited has been stipulated. It has directed the State Electricity Board to accept N.S.C./Fixed Deposit against security money. The J.S.E.B. in its turn issued Notification No. 5058 dated 29/08/2000 communicating the Government Policy u/S. 78A of the Electricity (Supply) Act, 1948 to give benefits to consumers. Therein, no stipulation has been made to accept N.S.C./Fixed Deposit against security money for grant of electrical connection. A separate Notification No. 5060 dated 29th August, 2002 was issued as per Government Policy u/S. 78A of the Electricity (Supply) Act, 1948 relating to tender notice. In the said notification, it is stipulated to accept N.S.C. or Fixed Deposit as security money in place of cash.