JHARKHAND STATE ELECTRICITY BOARD Vs. THE CHIEF ENGINEER-CUM-CHIEF ELECTRICAL INSPECTOR-CUM-APPELLATE AUTHORITY, DEPARTMENT OF ENERGY, GOVT. OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Challenging order dated 15.10.2008 passed in Appeal No. 10 of 2008 whereby, the Appellate Authority has reduced the amount calculated by the Assessing Authority, the present writ petition has been filed.

(2.) The brief facts of the case are that, electric connection load at the unit of the respondent no. 2 was enhanced from 200 KVA to 500 KVA. On 27.05.2008, the unit of the respondent no. 2 company namely, M/s Vaishnavi Steel Industries was inspected. While changing the Modem installed in the energy meter, when it was noticed that the terminal connection was damaged on further inspection, it was found that two plastic seals of top cover of CTPT Combined Meter Unit was found broken. A copy of the inspection report dated 27.05.2008 was served upon the representative of the respondent no. 2. On the basis of the written report of the Assistant Electric Engineer, Mohanpur P.S. Case No. 94 of 2008 was lodged for the offence under Section 135 of the Electricity Act, 2003. A provisional bill for Rs. 87,62,000/ was issued to the respondent no. 2, to which it submitted its objection and the final assessment order was passed on 15.07.2008 whereby, loss to the petitioner was determined at Rs. 40,31,840/.

(3.) Mr. Ajit Kumar, the learned Senior Counsel for the petitioner submits that registration of the criminal case for theft of energy at the unit of respondent no. 2 is a matter of record still, the Appellate Authority entertained the appeal preferred by the respondent no. 2. It is further submitted that considering the submission raised on behalf of the respondentcompany, W.P.(C) No. 2805 of 2008 was disposed of directing the respondentcompany to deposit the total assessed amount however, order dated 13.08.2008 in W.P.(C) No. 2805 of 2008 cannot be construed as conferring jurisdiction upon the Appellate Authority to entertain the appeal of the respondentcompany which otherwise is not maintainable.