M. Y. Eqbal, J.

This appeal by the appellant-Jharkhand State Electricity Board is directed against the judgment dated 01.02.2007 passed in WPC No.109 of 2007 whereby learned Single Judge held that the action of the appellants in disconnecting the electric connection in the premises of respondent( writ petitioner) is illegal, arbitrary and violative of principle of natural justice and further directed to restore the petitioner’s electric supply forthwith.

2. The facts of the case lie in a narrow compass : Respondent is a small scale industry manufacturing M.S. Steel ingots at Adityapur Industrial Area, Adityapur, Jamshedpur. Respondent entered into an agreement with the Jharkhand State Electricity Board( in short ‘Electricity Board’) for supply of electric energy having a contract demand of 1200 KVA. Subsequently, the meter of the respondent became defective which was replaced by the Board on 7.10.06. On 5.12.06, a team of five senior officials of the Board made inspection and prepared meter reading report. All the old seal bits of the Door, Meter Box and T.P. were removed and new seal bits were affixed. Again a team of Officers inspected the respondent’s premises on 03.1.07 and took meter reading. On inspection it was alleged to have been found that some of the seals were tampered and were not original seals. It was further found from the record that the load consumption was less than what it was prior to 17.12.06. Accordingly, F.I.R. was lodged in Gamharia Police Station alleging pilferage and theft of energy causing loss to the Board to the tune of Rs. 2,40,00000/-(Rupees two cores and forty lacs). The case was registered under Section 135 of the Electricity Act, 2003 read with Section 379 I.P.C. Consequently, electrical connection was also disconnected.

3. The case of the respondent-petitioner was that allegation of tampering with the meter and other allegations were deliberately made in order to harass the respondent with ulterior motive. It was further alleged that abrupt disconnection of the electric supply of the respondent-Industry has caused sudden closure of the industry and the respondent has been put to suffer huge loss. According to respondent, the action of the appellants is also violative of Sections 56,126 and 135 of the Electricity Act, 2003 and the same is wholly illegal and whimsical.

4. The case of the appellants-Electricity Board on the other hand was that the authority of the Board found theft of electricity by tampering with seal bits of the Board’s Meter Box etc. and therefore, disconnection of supply of electricity in such a situation is not arbitrary. According to the Board disconnection of electric energy is in accordance with Clause 16.9(A) of “1993 Tariff”.

5. Learned Single Judge after hearing learned counsels for the parties and after considering the relevant provisions of the Electricity Act and the Tariff held that disconnection of supply of energy in the premises of respondent was violative of principles of natural justice and further that action of the Board was illegal and arbitrary.

6. Mr. V.P.Singh, Sr. Advocate, appearing for the Board assailed the impugned judgment of the learned Single Judge as being contrary to law and the provisions of the Tariff. Learned counsel firstly, submitted that the appellant-Electricity Board is empowered to disconnect the electric supply in the premises of consumer without notice under Clause 16.9 of the 1993 Tariff which is still holds goods because the said clause is not inconsistent with 2003 Act. Learned counsel further submitted that Regulation 15.4 of the regulation framed by Jharkhand State Regulatory Commission under Section 181 read with Section 50 of the Electricity Act 2003 empowers the Board to disconnect the electric supply of a consumer in case of theft of electricity or pilferage. Learned counsel then submitted that in the instant case “Security Seal” which was placed in Meter was found broken. This expose the meter which records the