BINOD KUMAR BATHWAL Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THROUGH this writ application the petitioner has prayed for restoration of its electric connection which has been disconnected on the allegation of electricity being consumed stealthily by making pilferage in the electric meter.

(2.) LEARNED Counsel appearing for the petitioner submits that the petitioner having installed a Mill for preparing Chura (flattened rice) took electric connection for the load of 45 H.P and then the petitioner started running his Mill smoothly and went on making payment of electric bills till February, 2008. However, on 7.5.2008 some officials of Electricity Department came and allegedly found electric energy being consumed stealthily after tampering with the meter and lodged the case which was instituted as Deoghar Town P.S. case No. 106 of 2008 under Section 379 of the Indian Penal Code and also under Section 135 of the Electricity Act and in the said first information report the amount of loss which the Board is said to have suffered was shown to the tuna of Rs. 8,83,000/ - which, in any view of the mater, can be said to be too excessive as the petitioner since inception of Mill never consumed electric energy worth more than Rs. 10,000/ - and as such by any standard loss can never be to the extent of Rs. 8.83 lacs and therefore, it is evidently clear that the amount shown in the first information report is not only excessive but also arbitrary and moreover, copy of the order under which the amount of loss was assessed provisionally has never been served in terms of provision as contained in Section 126 of the Electricity Act and without serving the copy of the assessment, the Board has disconnected the electric connection and, therefore, action of the respondent is not only against the provision of the statute, rather it is arbitrary and hence, the authority be directed to restore the electric connection immediately.

(3.) LEARNED Counsel appearing for the petitioner submits that not only that even the Hon'ble Supreme Court in a case of Bhalotia Auto Products v. Jharkhand State Electricity Board and Ors. in Special Leave to Appeal (Civil) No. 20070 of 2003 has passed the order for restoration of electric connection.