PUNJAB & HARYANA HIGH COURT
G.S.Singhvi and S.S.Saron JJ.
Kikkar Singh
Versus
Punjab State Electricity Board
Civil Writ Petition No. 6374 of 2003,
Decided On : OCTOBER 14, 2003
Electricity Theft - Quashing of Orders - Electricity Act, 2003 - Section 135, Section 138, Section 139, Section 140, Section 151 - The court discussed the provisions of the Electricity Act, 2003, particularly focusing on the sections related to theft of electricity, tampering with meters, and the powers of the Dispute Settlement Authority. The interpretation of these provisions influenced the court's decision to quash the orders due to lack of reasoned decision-making by the authorities.
Fact of the Case:
The petitioner sought to quash orders related to alleged electricity theft and tampering with the electric meter. The authorities demanded a substantial amount from the petitioner, which was upheld by the Zonal Level Dispute Settlement Committee and the Dispute Settlement Authority. The petitioner challenged the decision, citing lack of proper consideration and violation of natural justice principles.
Finding of the Court:
The court found that the authorities' decisions lacked proper reasoning and failed to provide a fair assessment of the petitioner's contentions. It emphasized the importance of reasoned orders in administrative and quasi-judicial functions, citing legal precedents to support this principle.
Issues: The issues revolved around the lack of reasoned decision-making by the authorities, the petitioner's challenge regarding arbitrary orders, and the violation of natural justice principles.
Ratio Decidendi: The court's decision was based on the principle that administrative authorities must pass reasoned orders, as failure to do so violates natural justice. It cited legal precedents to support the requirement for clear and explicit reasons in support of orders, emphasizing the importance of fair adjudication and the right to know the grounds for decisions.
Final Decision: The court allowed the writ petition, quashed the appellate order and the intimation/bill, and directed the Dispute Settlement Authority to decide the appeal afresh by passing a speaking and reasoned order.
S.S.Saron, J.
1. The petitioner in this petition under Articles 226/227 of the Constitution of India seeks quashing of the letter dated 2.3.2001 (Annexure P2) issued by the Assistant Executive Engineer, Punjab State Electricity Board (Board, for short) Ludhiana (respondent No. 3), the order dated 20.9.2001 (Annexure P3) passed by the Zonal Level Dispute Settlement Committee of the Board and the order dated 29.11.2002 (Annexure P5) whereby the appeal preferred by the petitioner has been dismissed as also the intimation/bill Annexure P6 informing the petitioner of the decision of his case by the Dispute Settlement Authority in terms of which the petitioner has been charged an amount of Rs. 1,96,727/- on the allegations that Meter glass of his electric meter was found tampered and thus the petitioner has been suppressing his consumption.
2. The petitioner is a consumer of electricity supplied by the Board and earlier had sanctioned load of 33.724KWs. The electric meter in respect of his electricity connection was changed on 22.10.1983 vide MCO (Meter Change Order) dated 10.10.1983 and the load was extended to 46.406KWs. The said meter that was installed on 22.10.1983, it is stated, was not a fresh meter but was an Old T&P (Tools and Plants) meter. In support of this, the petitioner has placed on record the extract of spot memo dated 22.10.1983 (Annexure P1). The electric load was again extended from 44.406 KWs to 78.352 KWs. However, the meter was not changed despite increase in the load. On 1.2.2001, the meter was changed in order to install an electronic meter. The meter that was removed was sealed and sent to M.E. Laboratory for testing which was tested on 19.2.2001. It was reported that the meter glass was tampered. The petitioner was accordingly served with a penalty letter dated 2.3.2001 (Annexure P2) informing him that his connection was checked on 19.2.2001 by the Enforcement Staff and it was found that the Meter Glass was tampered through which the consumer was controlling the consumption and power theft was suspected. In order to fulfil the shortcomings the petitioner was asked to deposit a sum of Rs. 1,96,727/- and in case of non-compliance to the notice then his connection would be disconnected. The petitioner deposited the requisite amount and at the same time challenged the said letter dated 2.3.2001 (Annexure P2) before the Zonal Level Dispute Settlement Committee which in terms of order dated 20.9.2001 (Annexure P3) held as under:-
"Shri Kikkar Singh and Sh. Harish Khanna appeared before the committee and were heard properly. The case was considered by the committee and it was noted that as per report of checking of the meter in M.E. Lab Ludhiana by Sr. Xen/Enforcement and Sr. Xen M.E. Ludhiana, Meter glass was found tampered and declared a case of theft of energy. So, the committee decided that the amount already charged is alright and recoverable."
3. The petitioner assailed the above said decision of the Zonal Level Dispute Settlement Committee before the Dispute Settlement Authority. The latter authority in terms of order dated 29.11.2002 (Annexure P5) upheld the decision of the Zonal Level Dispute Committee and the amount already charged to the petitioner was held to be recoverable. The decision reached at by the Dispute Settlement Authority is as follows:-
"1. The disputed meter No. 699771 was removed from the consumer premises vide MCO No. 71/74130 dated 1.1.2001 effected on 1.2.2001 due to installation of electronic meter (sic) load being more than 70 KW. The removed meter was packed sealed under the signature of consumer representative. This meter was taken to ME Lab. for checking. Meter was checked by two responsible officers i.e. Sr. Xen/Enf-4, Ludhiana and Sr. Xen/ME, Ludhiana in the ME Lab on 19.2.2001 in the presence of consumer. During inspection in the ME Lab. the meter glass was found tampered and consumer has been suppressing his consumption through meter tampering. This meter was inspect
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.