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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Punjab State Electricity Board – Appellant
Versus
Principal Secretary To Government, Punjab – Respondent
JUDGMENT :
SUVIR SEHGAL, J.
1. This writ petition has been filed assailing award dated 29.01.2000, Annexure P-3, passed by Chief Electrical Inspector, Punjab as well as appellate order dated 19.02.2001, Annexure P-4, passed by respondent No.1 under the Indian Electricity Act, 1910 (for short “Act of 1910”).
2. Counsel for the petitioner states that respondent No.3 was running a cold storage in District Ludhiana and was drawing electricity from connection bearing No.LS-10, which was inspected on 12.04.1988 by a Mobile Meter Testing Squad, and it was found that two out of three meters installed in premises of respondent No.3 were running slow. Counsel submits that after over-hauling the accounts, three bills were raised, which were disputed by respondent No.3 and matter was referred to Chief Electrical Inspector under Section 26(6) of Act of 1910, who passed impugned award, Annexure P-3. Counsel states that award was challenged by filing an appeal before respondent No.1 under Section 36(2) of the Act of 1910, which has been rejected vide impugned order, Annexure P-4, on the ground that it is barred by limitation. Counsel asserts that impugned award, Annexure P-3, was received in the off
The appellate authority cannot entertain an appeal filed beyond the statutory time limit of 30 days as per the Electricity Act, 2003.
The impact of the COVID-19 pandemic on the limitation period for filing appeals under the Electricity Act, 2003.
The availability of an alternative remedy under Section 127 of the Electricity Act, 2003 must be pursued, barring exceptional circumstances justifying writ jurisdiction.
The court established the principle that a litigant's procedural missteps should not preclude them from having their substantive rights considered by the appropriate appellate forum.
Civil Court jurisdiction is barred under Section 145 of the Electricity Act for proceedings related to unauthorized electricity use unless the proper assessment procedure is followed.
The court reinforced that a writ petition is not maintainable when an efficacious alternative remedy exists under the Electricity Act, emphasizing adherence to due process and natural justice.
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