C.W.P. No.20766 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.20766 of 2008
Date of decision:13.07.2009.
M/s Rakesh Rice Mill ...Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. Respondents
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr. V.K.Jindal, Advocate,
for the petitioner.
Mr. Narender Hooda, Advocate,
for the respondents.
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JASBIR SINGH, J.
Vide notice dated 05.12.2008 (P-3), demand, for an amount of
Rs.17,08,809/- was raised from the petitioner, on the basis of checking
report dated 04.12.2008 (P-2). Record reveals that on 4.12.2008 electric
meter installed in the premises of the petitioner was checked by a special
constituted team. As per report Annexure P-2, seals, put on the electric
meter were found tampered. In view of the above said fact and treating it
as a case of theft of electric energy, demand in question was raised against
the petitioner.
By making reference to the instructions issued vide Sales
Circular No.U-54/2007 dated 13.07.2007 (P-4), counsel for the petitioner
states that when imposing penalty, instructions issued vide the above said
Sales Circular were not noticed. Specific reference has been made to
instruction No.12(B) which deals with testing of meters/seals/metering
equipments.
It is contention of counsel for the petitioner that as per
instructions referred to above, it was incumbent upon the respondents to
C.W.P. No.20766 of 2008 -2-
get the seals verified in M&T Laboratory, that too after issuing a notice to
the petitioner. As per the admitted fact, in this case veracity of the seals,
put on the meter, was verified at the spot, after requisitioning sample seal,
lying in the office of the respondents at Yamuna Nagar. This Court feels
that technically, there is defect in giving the finding regarding authenticity of
the seals.
In view of the above, let the Board send the meter, along with
seals recovered, to M&T Laboratory at Karnal. The sample seals lying in
the office of the respondents be requisitioned for verification. Before doing
above said exercise, notice of the date fixed be issued to the petitioner and
in his presence verification regarding genuineness or otherwise of the seals
be made, as per procedure.
It is made clear that till such time decision is taken as
mentioned above, the authority shall not disconnect electric supply to the
petitioner on account of non-payment of penalty amount involved in this
writ petition. However, in case seals are found to be fake on verification,
the authorities be at liberty to insist for payment of remaining 50% amount
and if the seals are found to be genuine, the amount deposited by the
petitioner with the department be refunded to or adjusted against the
account of the petitioner.
This petition is disposed of.
July 13, 2009. ( JASBIR SINGH ) vinod JUDGE