TELECOM DISTT ENGINEER BATHINDA Vs. RAMJI DAS

JUDGEMENT

(1.) THIS Revision Petition has been filed by the Telecom District Engineer, Bathinda who was the Opposite Party No. 2 in Complaint Petition No. 19 of 1991 on the file of the District Forum, Bathinda. There are two telephone connections having the numbers 4389 and 6621 in the name of Ramji Das, the complainant. On the ground that there were arrears of dues remaining unpaid in respect of the latter telephone namely, 6621, the Department disconnected that telephone. Subsequently, telephone No. 4389 was also disconnected on the same ground of the non-payment of the bills outstanding ' in respect of telephone No. 6621. The complainant approached the District Forum with the plea that the Department had no right to disconnect telephone No. 4389 since no amount was outstanding as due in respect of that particular telephone. The District Forum relied on certain observations contained in the judgment of a Division Bench of the Gauhati High Court in Santokh Singh v. Divisional Engineer, Telephone, Shillong & Ors. and upheld the aforesaid plea of the complainant. Consequently it issued an order directing the Opposite Parties to restore the connection in respect of telephone No. 4389 within to weeks of the receipt of the order. It also awarded a sum of Rs. 500/- by way of compensation to the complainant.

(2.) THE Department carried the matter in appeal before the State Commission, Punjab at Chandigarh. The State Commission expressed agreement with the view taken by the Gauhati High Court and held that the power conferred under Rule 443 of the Post and Telegraphs Rules was "confined only to the particular telephone in respect of which there is default in payment and not the other telephone." On the basis of the aforesaid view, the State Commission confirmed the order passed by the District Forum and dismissed the appeal preferred by the Department. A cross appeal filed by the complainant requesting for enhancement of the amount of compensation awarded to him was dismissed by the State Commission.

(3.) RULE 443 of the Post and Telegraph Rules reads as under: