Hetamsaria Plastics Pvt. Ltd. v. Jharkhand State Electricity Board
2003-01-16
AMARESHWAR SAHAY, GURUSHARAN SHARMA
body2003
DigiLaw.ai
Judgment By Court.-M/s. Hetamsaria Plastics Private Limited is a small scale industry, engaged in the production of P.V.C. Pipes. A Low Tension Agreement was entered into between the Industry and the Jharkhand State Electricity Board for supply of electricity to its establishment for the maximum load of 78 H.P. For that purpose a separate transformer of 100 KVA was installed to supply the power exclusively to this Industry. 2. On 8.8.2001 all of a sudden an inspection was made by Assistant Electrical Engineer, Chutia along with Junior Engineer of the establishment of the Company, wherein it was found that the Company was using total load of 144 H.P., i.e. 66 H.P. load in excess. Hence, its electrical line was disconnected and a supplementary bill on the basis of excess 66 H.P. load was prepared and served on the Company. 3. The Company moved this Court in W.P. (C) 4100 of 2001, wherein on 19.10.2001, an interim order was passed that if the writ petitioner deposits a sum of Rupees one lac, the Respondent-Board will restore the electrical connection within seven days thereof, subject to the decision in the case. Subsequently, on 4.12.2001, the said writ petition ~'::\s disposed of with liberty to the Company that if it was not satisfied with the inspection report dated 8.8.2001, it may bring the same to the notice of the appropriate competent authority, the General Manager-cum-Chief Engineer of the Area Electricity Board concerned. 4. The said order has been challenged by the writ petitioner in the present appeal, which was admitted on 6.3.2002. 5. The electrical connection in the premises of the appellant has already been restored. However, the appellant has neither made payment of the supplementary bill nor is paying current bills, raised after restoration of its electrical connection in March, 2002 last nor has approached the competent authority/General Manager-Cum Chief Engineer uptill now. 6. The appellant's counsel has placed reliance on a decision of the Division Bench in Bihar State Electricity. Board and others vs. Sri Bir Ispat 1991 (1) PLJR 466 , wherein it was held that no doubt the Board's officials are empowered to inspect the consumer's premises without advance notice in order to find out the defects, use of unauthorized load and/or other irregularities in consumption of electricity.
Board and others vs. Sri Bir Ispat 1991 (1) PLJR 466 , wherein it was held that no doubt the Board's officials are empowered to inspect the consumer's premises without advance notice in order to find out the defects, use of unauthorized load and/or other irregularities in consumption of electricity. Such inspection must be made in presence of the consumer or his representative or if they are either not available or are not willing to co-operate, it will be open to the Board to carryon the inspection in presence of some independent persons, other than the employees of the Board and after supplying inspection report the Board was required to give show cause notice before passing any order against him and/or imposing any additional liability in the form of extra electricity charges. 7. It is submitted on behalf of the appellant that in the present case the supplementary bill was raised without giving any show cause notice to the company pursuant to the inquiry report dated 8.8.2001. 8. In the facts and circumstances of this case, we are not inclined to interfere with the impugned order passed by the learned Single Judge. The appellant-company is at liberty to go before the competent authority and raise all the questions including raising of supplementary bills, who is empowered to grant interim relief, if any, in respect of payment of the supplementary bills as well as current bills after restoration of its electrical connection. 9. The appellant must pay all the current bills from the date of reconnection on the basis of 78 H.P. sanctioned load, subject to the final decision of the competent authority. 10. With the aforesaid observation/ direction this appeal is disposed of.