P. S. G. Institute of Medical Sciences v. Superintending Engineer
2012-03-27
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment 1. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the entire records of the respondent in his Letter No.SE/CEDC/Metro/AO/R/HT/SC.No.63/PSG/D/2002, dated 29.7.2002 and to quash the said letter dated 29.7.2002 of the respondent and consequently, direct the respondent to treat the petitioner Institution under the category of Recognized Educational Institution for levying the electricity consumption charges, etc. 2. Petitioner claims to be a charitable trust running educational institutions. The respondent was supplying electricity under the category of HT Tariff IIA which is applicable to recognized educational institutions. The respondent issued the impugned revision of Tariff from HT Tariff IIA to HT Tariff III stating that the hospitals attached to the self financing medical college should be billed under HT Tariff III and not under HT Tariff IIA. Aggrieved by this order, the present writ petition has been filed. 3. Petitioner inter alia contends that the order passed by the respondent has been done arbitrarily and in gross violation of principles of natural justice. A specific ground No.A has been raised in the affidavit and that has not been controverted in the counter-affidavit except denying the same. 4. Shri Rameshwar, learned counsel appearing for the respondent relying upon the counter-affidavit stated that the Tariff revision from HT Tariff IIA to HT Tariff III has been done on the ground that the hospital is attached to the self financing medical college. HT Tariff III alone will be applicable in terms of Clause 25.03 of the Terms and Conditions of Supply of Electricity. Clause 25.03 of the Terms and Conditions of Supply of Electricity reads as follows:- “Where a consumer has been classified under particular category and billed accordingly and if it is subsequently observed that the classification is not correct, the Board may alter the classification.” 5. No doubt, the respondent has the power in terms of Clause 25.03 of the Terms and Conditions of Supply of Electricity if it is found that the classification is not correct. But it goes without saying that if Tariff already granted by the competent authority needs to be revised in terms of the Clause 25.03 of the Terms and Conditions of Supply of Electricity, the consumer ought to be put on notice and elicit their views. This will ensure that there is no allegation of violation of principles of natural justice.
But it goes without saying that if Tariff already granted by the competent authority needs to be revised in terms of the Clause 25.03 of the Terms and Conditions of Supply of Electricity, the consumer ought to be put on notice and elicit their views. This will ensure that there is no allegation of violation of principles of natural justice. In this case, the respondent has suo moto proceeded to change the Tariff from HT Tariff IIA to HT Tariff III without putting the petitioner on notice. Thereby, respondent denied the petitioner an opportunity of rebutting the said revision of Tariff. This amounts to arbitrary action by the respondent, besides violation of the principles of natural justice. On this plea alone this court is inclined to interfere with the impugned order. 6. At the time of admission, (i.e.) on 2.9.2002, this court granted interim order and it reads as follows:- “Interim stay on condition the petitioner continues to pay the charges under High Tension Tariff IIA.” Post the matter after four weeks for filing counter.” 7. The above interim order was made absolute on 25.8.2003 and it reads as follows: “Heard. In similar matters, the interim stay granted has been made absolute. Following the same, interim stay granted on 2.9.2002 and extended subsequently on 31.12.2002 in W.P.M.P.No.50450 of 2002 is made absolute. Consequently, W.V.M.P.No.1590 of 2002 is dismissed.” 8. In view of the above, only on the ground of violation of principles of natural justice, the impugned order is set aside. The respondent is at liberty to proceed afresh after giving notice to the petitioner. An opportunity of personal hearing can be given, if requested. The respondent shall proceed in the matter in accordance with law thereafter. 9. The Writ Petition is allowed in the above terms. No costs.