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2008 DIGILAW 102 (DEL)

MAHENDER LAMBA v. B. S. E. S. YAMUNA POWER LTD.

2008-01-30

ARUNA SURESH, T.S.THAKUR

body2008
ORDER 1. This writ petition calls in question the validity of an order dated 24/ 25 September, 2007 passed by the respondent demanding a sum of Rs. 1,02,21,824/ - towards charges for the theft of electricity allegedly committed by the petitioner. 2. One of the primary grounds of challenge urged by the petitioner is that the respondents had placed reliance upon five different pieces of evidence without disclosing the same to the petitioner and without giving to him an opportunity to explain or lead evidence in rebuttal. This evidence comprised: (i) Lab report dated 22.2.2007 (ii) Meter data (iii) Photographs (iv) Video recording (v) Alleged inspection report dated 16.12.2006. 3. Learned Counsel for the petitioner submits that if the above material which the respondents have relied upon in the order passed by them is furnished to the petitioner and an opportunity is given to the petitioner to explain the same, the respondent could be directed to pass a fresh order taking into consideration the said material as also the explanation offered by the petitioner. 4. Mr. Nandrajog, Counsel for the respondent on the other hand submits that the material in question was not furnished to the petitioner because no demand for the same was made by him at any stage. Even so, the respondent had, according to the learned Counsel, no objection to the material in question being furnished to the petitioner and reconsidering the entire issue in the context of the explanation which the petitioner may have to offer to the same. He submits that the respondent was willing to furnish the material in the course of these proceedings in which case the Court could dispose of the petition with appropriate directions for a fresh order on the subject. He sought a weeks time to make available to the petitioner the aforementioned material relied upon by the respondent in the impugned order. 5. The respondent shall, apart from the material enumerated above, also furnish to the petitioner the load survey data provided the same is available for the relevant period. In addition, the respondent shall furnish a copy of the meter manual supplied by the manufacturer of the meter concerned. 6. Post again on 14th February, 2008. Ordered accordingly.