SUPERINTENDING ENGINEER Vs. SHAMMI PAUL

JUDGEMENT

(1.) Haryana State Electricity Board has come up in appeal against the order dated 17.1.1996 passed by the learned District Forum, Bhiwani, whereby the complaint of Mrs. Shammi Paul, Warden and Manager, Baptist Senior Secondary School, Girls' Hostel, Circular Road, Bhiwani, has been allowed by issuing the following direction : "taking into consideration the entire situation, we feel that the penalty imposed is unjustified and this should be struck off. We, accordingly, order that the penalty of Rs.12,000/- imposed upon the complainant be struck off and this should not be recovered from the complainant. The complaint is allowed accordingly. No order, however, as to costs".

(2.) The complainant had approached the learned District Forum with the grievance, that the penalty of Rs.12,000/- had been arbitrary and illegally imposed by the HSEB against the complainant-Hostel, on account of the alleged theft of energy, which in fact was wholly incorrect. In reply, the HSEB pleaded that when the premises of the complainant were checked, two seals of the meter were found broken and the meter-glass was also found loose. It was for this reason that penalty of Rs.12,000/- was imposed at the rate of Rs.1,000/- per K. W. The complainant led evidence to establish that the electricity bills being received by the complainant were ranging from Rs.4,000/- to Rs.8,000/- and were being regularly paid. Hence the question of any theft of energy being committed in the Girls' Hostel did not arise. The learned District Forum allowed the complaint by issuing the aforesaid direction.

(3.) In the appeal before us, the learned Counsel for the appellant has vehemently -contended that the penalty had been imposed by the HSEB though in the absence of any direct evidence, but still there was enough circumstantial evidence to sustain the charge of theft of energy. We are not satisfied with the submission of the learned Counsel as the theft of energy, being a criminal charge, has to be proved with the same standard of proof as is required for establishing an offence before a Criminal Court. Simply because the seals of the meter were found broken does not necessarily lead to the conclusion that there was actually theft of energy and that too to the extent that penalty of Rs.1,000/- per K. W. could be levied. Moreover, it is also relevant to take into consideration that it was not an electricity connection provided to some individual for domestic use, but it was provided to the Girls' Hostel where the average bill ranged from Rs, 4,000/- to Rs.8,000/- every month. In the circumstances of the case, we do not find that cogent and convincing evidence has been produced on the record by the HSEB to justify the imposition of penalty. Hence, there being no legal infirmity in the order passed by the learned District Forum, which is a detailed and well- reasoned one, we dismiss the appeal filed by the HSEB. However, in the circumstances of the case, there shall be no order as to costs.