SANJAY KUMAR SINGH @ SANJAY SINGH, SON OF LATE RAM CHANDRA SINGH, RESIDENT OF SANJAY CHOWK, WARD NO. 8, P.O. & P.S. Vs. JHARKHAND STATE ELECTRICITY BOARD, HAVING ITS OFFICE AT ENGINEERS BHAWAN, HEC, DHURWA, TOWN RANCHI P.O. & P.S.

JUDGEMENT

(1.) This writ application been filed for issuance of a direction commanding the respondents to grant electrical connection in the premises of the petitioner, because the petitioner been acquitted from the charge levelled against him under Sec. 135 of the Electricity Act.

(2.) It appears that initially a first information report lodged against the petitioner vide Seraikela P.S. Case No. 42 of 2010 under Sec. 135 of the Electricity Act, 2003. In the said first information report, it is alleged that though the petitioner had taken the electrical connection for 2KW, but on the date of occurrence, he was consuming 16KW electricity and thereby put loss to the Electricity Board to the tune of Rs. 1,40,000.00.

(3.) It appears that after investigation, police submitted charge sheet against the petitioner. Thereafter, the petitioner faced trial in the court below. The court below after concluding the trial vide judgment dated 16.01.2013 acquitted the petitioner by observing that no case made out under Sec. 135 of the Electricity Act, rather from the facts of the case, this is a case of misuse of electricity covered by Sec. 126 of the Electricity Act. It appears that after acquittal of the petitioner, the Jharkhand State Electricity Board initiated a proceeding under Sec. 126 of the Electricity Act. It is stated in the counter affidavit that vide letter no. 64 dated 24.05.2013, the Board asked the petitioner to file objection, if he so desire, to the preliminary assessment order made by the Assessing Authority. It is stated that in spite of the said letter, the petitioner had not filed any objection. However, this fact is disputed by the petitioner in the I.A. No. 3452 of 2015, and stated that no such notice received by the petitioner. It appears that the respondents passed the final order of assessment on 20.06.2014. Thereafter, petitioner filed I.A. No. 3452 of 2015, wherein he challenged the aforesaid final assessment order. It is submitted by Sri Nitin Pasari, learned counsel for the petitioner that once the petitioner been acquitted from the charge under Sec. 135 of the Electricity Act, it is not open for the Jharkhand State Electricity Board to initiate proceeding under Sec. 126 of the Electricity Act. He further submits that even if the Board power to initiate said proceeding, the same is violative of the provisions contained under Sec. 126(3) of the Electricity Act, because the petitioner not been given opportunity to raise objection against the preliminary assessment order.