COUNTRY CEMENT Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner in this application has prayed for the following reliefs: -

(2.) THE petitioner is a consumer of HT electricity supplied by the respondent Jharkhand State Electricity Board for a total contract demand of 125 KV A. The petitioner's case is that ever since after the electric connection was given to the petitioner's premises, inspection of electric meter installed in the premises, used to be regularly made by the officials of the respondent -Board, the last being made three months prior to 27.6.2008 and at none of the inspections so conducted, did the officials of the respondents find any infirmity or tampering in the electric meter. Rather, on the basis of the meter reading, the monthly electric bills used to be raised by the Board and the amount of the bills used to be paid regularly by the petitioner. In the evening of 27.6.2008, a devastating fire broke out in the factory premises of the petitioner on account of electric short circuit and as a result of which cables, electric meter/C. T. Box documents and other articles got burnt and damaged causing loss of more than Rs. 1.5 lakhs to the petitioner. On the very next morning the petitioner intimated the Electrical Executive Engineer (ESD, Ramgarh) as also the Elecl. Superintending Engineer, Hazaribagh, besides 1tle Officer Incharge Ramgarh Camp P.S. about the incident. Upon such intimation, the officials of the respondent -Board constituted a team and conducted an inspection of the factory premises of the petitioner on the evening of 28.6.2008 and prepared a report making a false and wild allegation that the fire was generated by the petitioner intentionally in order to tamper with the electric meter for facilitating theft of electric energy by destroying the evidence pertaining to the meter and the C.T. Box. On the basis of such allegation, supply of electricity was disconnected on the same night and a FIR was 10dged against the petitioner for alleged offences under Section 379 IPC and Section 135 of the Indian "Electricity Act and an arbitrary amount of Rs. 43.02 was shown in the FIR as the amount of loss caused to the respondent Board.

(3.) ON hearing the learned counsel for the parties the facts which emerge are that on inspection made by the officials of the JSEB. they had found certain prima facie evidence on the basis of which it was inferred that electric meter was intentionally damaged by fire and in order to conceal the evidence of pilferage of electricity, C.T. Box and other electrical equipments were also damaged. Though formal assessment of the purported loss caused to the JSEB was made and mentioned in the FIR, but later, a provisional assessment of loss was made and served upon the petitioner calling upon him to file objection and participate in the proceedings to be held by the Assessing Officer for final assessment of the loss. The petitioner appears to have failed to submit his objection and to enable the Assessing Officer to conduct the proceeding for final assessment.