JUDGMENT :

1. This petition, under Articles 226 & 227 of the Constitution, has been filed by the Electricity Company challenging the order dated 16.03.2010 passed by the Appellate Authority and the Electrical Inspector, Surat in Appeal No. 11-2009-10.

2. Facts in brief would indicate that on 08.04.2009, the connection of the respondent no.1 was checked in his presence and it was found that between RI & BI phase main door copper link was provided from inside as shown in the checking sheet. It is the case of the petitioner that it is a serious irregularity amounting to theft of electricity. The checking sheet was signed by the consumer. On 09.04.2009, a provisional bill was issued under Section 126 of the Electricity Act, 2003. On 16.04.2009, the respondent no. 1 filed objections in the provisional bill. It is the case of the petitioner that on 19.05.2009, the meter was sent for laboratory inspection and the laboratory report specifically mentioned that on terminal block back side, a phase copper link was inserted and the meter has been bypassed. This laboratory report therefore would categorically come to suggest that the respondent no. 1 had indulged in theft of electricity. The resp