IMPORTANT POINT
Electricity Board, when it detects that any consumer had committed any malpractice with reference to his use of electrical energy, may disconnect the supply of electricity forthwith and may call upon consumer to make payment for compensation of unauthorised use of electricity i.e. theft of electricity.

ORDER

Leave granted.

2. We have heard learned counsel on both sides. This appeal by special leave arises from the judgment and order dated March 12, 1993 passed by the Division Bench of the High Court of Madhya Pradesh, Gwalior Bench in M.P. No. 1484/91. The admitted position is that on August 21, 1991, the appellants staff inspected the electrical installation of the respondents connected by the appellant-Board. In the proceedings recorded after the said inspection, the facts noted are as under :

"During the course of inspection, Shri Dilip was present as the representative of M/s. Harsh Wood Products, Banmore, and found the following irregularities. Connection No. 1156 [2556] -

1. No seal found on Meter terminal cover.

2. Body seals of the meter, bearing No.490812 [Right side] and 01443 [Lift Side] found tempered.

3. The seals on Meter Box, bearing No.38556/SE Morena, C-10/MPEB Gwalior, found OK.

Connection No.1158 [2824]

1. No seal found with Meter terminal cover.

2. Meter Body seals, bearing No.49817 [Right Side] & 013361 [Left Side] found broken and tampered.

3. Seal on meter box bearing No. 33434/SE Morena C-10/MPEB Gwalior found OK.

In both the above connections, the difference was noticed, in serial No. and the location of the seals provided on Meter Body. The serial No. and the location of the meter body seals, as found in the inspection carried out on dated 16.3.91, are found different in the checking carried out on dated 22.8.91. The difference noticed in serial No. & location in checking is as hereunder :

Connection No. 2556 Connection No.2824

16.3.91 Right Side 490817 013343

Seal fixed Lift Side 490812 013361

28.8.91

Reprot as Right Side 490812 49817

Left Side 013343 013361

Meter No. 0530489 545768

This panchnama has been prepared in view of Meter Body seals found Tempered and Meter terminal seals found missing so as to interfere and control the energy consumption as per his own desire.

Maintaining "Status Quo" of the tempered and broken body seals of Meter of Both the above connection, New Seals are fixed on the meter box bearing No. M1919 MPEB/MT on Connection No.2556 and No. M 1920 MPEB/MT on connection No.2824. The old seals provided on the meter box are in custody with the Executive Engineer [O&M] Morena.

Sd/-22.8.91 Sd/-22.8.91 Sd/ 22.8.91

EE [O&M] S.E [Testing] A.E.[DIW]

Morena Gwalior Morena

Sd/-22.8.91 Sd/-22.8.91 Sd/-22.8.91

A.E.132 KV A.E. [Testing] Dilip

S/s Banmore Morena [Representative                         of Consumer]".

3. In the said proceedings, one Mr. Dilip had represented the respondent-Industry and he was also the signatory to the proceedings. Thereafter, notice was issued to the respondents on August 26, 1991 informing that the meter body seals were tempered and damaged with seal wire. The seals of the meter terminal block were found missing which would indicate that the function of the meter was disturbed to reduce the consumption of electrical energy. Therefore, the respondent-Industry was directed to pay the difference of the assessed amount said to be in a sum of Rs. 6,51,256,61 at the earliest. It was also pointed out that bill for the further past years was being examined and the decision would be taken and intimated in due course. In furtherance thereof, the respondent-Industry submitted the explanation to the show cause on August 29, 1991 wherein he requested that on humanitarian grounds, viz., "the supply of the installation will please be restored immediately and we give the undertaking that if any balance amount becomes due for payment on account of vigilance checking, the same will be deposited immediately on providing the bills for such amount". The reply was also gi