Royal Engineering Works v. Jharkhand State Electricity Board
2002-01-17
SUDHANSU JYOTI MUKHOPADHAYA
body2002
DigiLaw.ai
ORDER S.J. Mukhopadhaya, J. 1. The petitioner is not happy in the manner, the Respondents raised the bill on the basis of an inspection report dated 25th February, 2000, which is under challenge in the present writ petition. 2. The grievance of the petitioner is that he requested the respondents to reduce the load from 25 HP to 15 HP, in respect to which an order was passed, vide letter No. 1928 dated 5th August, 1999. It is alleged that though inspection was made and report was submitted on 3rd February, 1999, but it was submitted in violation of decision of the Court in the case of Bihar State Electricity Board v. Bir Ispat, (1998) 3 BLJR 1985 . It is alleged that neither the petitioner nor any of the petitioners representatives were informed to remain present at the time of inspection, as per decision of the Court. 3. Further case of the petitioner is that because of wrong inspection report, an inflated bill raised and communicated to the petitioner along with the report and for nonpayment, the respondents disconnected the electrical line. For the said reason, the petitioner also prayed for restoration of electrical connection. 4. The counsel for the petitioner submitted that the petitioner having applied in time for reduction of load, which the respondents are bound to reduce w.e.f. 26th October, 1996, as per decision of the Supreme Court, in the case of Bihar State Electricity Board v. Green Rubber Industries, reported in AIR 1999 SC 699. 5. Having regard to the facts and circumstances, as the issue aforesaid requires determination by the Respondents at the first instance, the petitioner is given liberty to approach the competent authority of the Board. It may prefer a representation bringing to its notice the earlier application preferred for reduction of load, giving details of date on which it was filed, report if any earlier submitted, recommendation if any made on and the reason for giving effect from 26th October, 1996. It may also enclose the relevant documents in the support. The General Manager-cum-Chief Engineer concerned, in its turn, will decide the issue by reasoned order, preferably within three months from the date of receipt of such representation. 6.
It may also enclose the relevant documents in the support. The General Manager-cum-Chief Engineer concerned, in its turn, will decide the issue by reasoned order, preferably within three months from the date of receipt of such representation. 6. So far as inflated bill is concerned, which is stated to have been issued on the basis of the inspection report dated 25th February, 2000, the petitioner may separately move before the Superintending Engineer, Electrical Circle, Jamshedpur who will enquire as to whether the report dated 25th February, 2000 was submitted, as per decision of this Court, as reported in (1998) 3 BLJR 1985 . 7. If it is found that the inspection was to be made in presence of any authorised representative of the consumer but, in the present case, it was not done, then the Superintending Engineer concerned, may recall the earlier report and the bill, if any, prepared on the basis of such report, and pass appropriate order for fresh inspection in presence of an authorised representative of petitioner. 8. However, if no authorised representative is present at the time of inspection inspite of information, the Inspecting authority may submit report Independently, as per the decision, reported in (1998) 3 BLJR 1985 . 9. It is expected that the Electrical Superintending Engineer concerned will complete all the process and pass appropriate order within two months from the date of receipt of representation. 10. So far as restoration of electrical connection is concerned, the petitioner may deposit the requisite amount with protest or may request the appropriate authority to accept part of the amount, as instalment, subject to decision, as may be taken by the General Manager-cum-Chief Engineer and the Electrical Superintending Engineer concerned. In such case, the authorities will cooperate for restoration of electrical connection. 11. The writ petition stands disposed of with the aforesaid observations and directions.