LAWS(JHAR)-2008-9-94

BINOD KUMAR BARTHWAL Vs. JHARKHAND STATE ELECTRICITY BOARD

Decided On September 03, 2008
Binod Kumar Barthwal Appellant
V/S
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) PETITIONER , has challenged the order, passed vide letter No. 1007 dated 12.07.2008, by the Respondent No. 6, whereby an amount of Rs. 6,61,422/ - as "penalty" has been imposed against the petitioner and has prayed for quashing the aforesaid order and to issue appropriate direction to the Respondent No. 6 to take up and decide the matter strictly in accordance with the provisions of Section 126 of the Electricity Act, 2003, after giving appropriate opportunity of hearing to the petitioner and also for a direction to the Respondents to restore the electric connection to the petitioner's premises without imposing any condition for payment of any amount, which may be subject to the outcome of the final assessment to be conducted by the Respondents themselves.

(2.) THE petitioner is a Low Tension consumer of electricity supplied by the Respondent -J.S.E.B.

(3.) BY order dated 16.06.2008, passed in the aforesaid writ application, this Court had directed the Respondent to serve the provisionally assessed bill to the petitioner immediately so as to enable the petitioner to file his objections and after giving a reasonable opportunity of hearing to the petitioner, to pass a final order of assessment within two weeks from the date of receipt/production of a copy of the order. It was further directed that after the final assessment, the Board shall restore the petitioner's electric connection forthwith on payment of the assessed amount.