ASSISTANT DIRECTOR VIGILANCE HSEB Vs. KHAZANI

JUDGEMENT

(1.) This appeal by the Haryana State Electricity Board is directed against the order of District Forum, Rohtak restraining the appellant from recovering Rs.5625/- and further awarding Rs.2,000/- as damages for the toss suffered with a direction not to reconnect the electric connection of the tube well.

(2.) The respondent had admittedly installed a tube well nearly ten years ago in her land at village Dadri Toi, tehail Jhajjar, District Rohtak which was supplied electricity by the Board. On the 16th of February, 1992, the appellant-Board's staff visited the said tube well premises and removed the electric supply meter and the cable there from. The o primal ground therefore was that the electric motor and the starter was not in the tube well room. While the clear cut case of the complainant was that because of the electric motor having been burnt out, the same alongwith its other appratus has been sent to an electrician at Badli for repair. However, the staff of the appellant-Board later imposed a heavy penalty of Rs.5625/- on the complainant with any cause and notice or reasons therefore on the mere suspicion that there was a theft electricity at the tube well.

(3.) On notice being issued, the appellant-Board admitted the fact of the energised tube well of the complainant for the last decade. However, it was the case that the checking party on the 16th of February, 1992 did not find the electric motor, the starter or the capacitor in the tube well room and further the allegation was that there was no bore at the spot also. From the fact that the surrounding land had been irrigated, it was presumed that there has been some theft and unauthorised use of energy for the purpose. On this ground it was alleged that the respondent had become a permanent defaulter and because he has failed to maintain his energy consumption apparatus at the site and was abstracting electricity from the system, the heavy penalty was imposed upon her.