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2014 Supreme(All) 1876

SUDHIR AGARWAL
EXECUTIVE ENGINEER, ELECTRICITY URBAN DISTRIBUTION DIVISION, ALLAHABAD – Appellant
Versus
ELECTRICITY OMBUDSMAN (APPELLATE AUTHORITY) – Respondent


Advocates:
Counsel :
Mahboob Ahmad for the Petitioner; Bidhan Chandra Rai and Divesh Rai for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Mahboob Ahmad, Advocate, for petitioner and Sri B.C. Rai, Advocate, for respondents.

2. This writ petition under Article 226 of the Constitution of India has come up at the instance of Executive Engineer, Electricity Urban Distribution Division, Bamrauli, Allahabad (hereinafter referred to as the “petitioner”), aggrieved by order dated 8.10.2013 (Annexure 7 to the writ petition) passed by “Electricity Ombudsman” (hereinafter referred to as the “Ombudsman”), on a complaint made by Principal, Civil Aviation Training College, Bamrauli, Allahabad (hereinafter referred to as the “Aviation College”) challenging demand/levy of charges under the head “Protective Load”, since 1.12.2004 to 30.4.2012, and, for refund of the amount paid under the aforesaid head, for the month of May’ 2012, and, onwards.

3. The Aviation College is a part of Civil Aviation Department of Government of India. A Communication Training Center was earlier established at Saharanpur wherefrom it was shifted to Allahabad on 16.8.1948. The aforesaid Center started to give Flying and Communication Training which was subsequently added with the training of Air Traffic Controller














































































































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