Dew Concrete Ties v. Jharkhand State Electricity Board
2008-02-07
M.Y.EQBAL
body2008
DigiLaw.ai
ORDER M.Y. Eqbal, J. 1. The premises of the petitioner, who is H.T. consumer, was raided and it was alleged that seal of L.V. cum C.T. box was found broken. The officials assessed the quantum of loss of the Board to the tune of Rs. 34 lakhs. The petitioner challenged the order by filing W.P.C. No. 926 of 2006. This Court disposed of the writ petition directing the petitioner to move the Forum, namely, Upbhokta Sikayat Niwaran Forum. In the meantime, it was ordered that if the petitioner deposits Rs. 30 lakhs, electric connection shall be restored. Pursuant to the aforesaid order, the petitioner moved the Forum, but the Forum refused to decide the issue on the ground that it has no jurisdiction. 2. In the backgrounds of the aforesaid facts, learned Counsel for the petitioner and the Board have not disputed that the Superintending Engineer is the competent authority to assess the actual loss caused to the Board under Section 126 of the Act. 3. I, therefore, dispose of this writ petition with a direction to the petitioner to file representation within two weeks from today. If such representation is filed, the Superintending Engineer shall assess the actual loss caused to the Board after giving opportunity of hearing to the petitioner. 4. Needless to say if it is found that the amount deposited by the petitioner is in excess to the amount assessed by the Superintending Engineer, then the appropriate order of adjustment/refund shall be passed. It goes without saying that Superintending Engineer shall not be prejudiced by the order of the General Manager.