This petition sought a writ of certiorari to quash orders regarding an electricity theft finding. The Court held that the departmental procedure was regular and the orders did not warrant judicial interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 2058 of 2003
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 2058 of 2003 (O&M) Date of decision : 24.04.2014
Amarjit Singh
......Petitioner
versus
Supdt. Engineer, Ludhiana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: None for the petitioner.
Mr. K.S. Boporai, Advocate for the respondent-Board
RITU BAHRI , J. (Oral)
The present petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of certiorari for quashing the order dated 04.01.2002 (P-5) and order dated 15.4.2002.
The petitioner is running a small scale unit of Cycle Goods at Ludhiana. On 20.06.2001, a checking was held by the Engineer (Enforcement) at the premises of the petitioner and found that the impression on the seals was not upto the mark and the glass of the meter containing box was slightly loose. It was recommended the meter should be removed and packed. Thereafter, the meter was removed and send the meter to the M.E. Lab. On 21.06.2001, PSEB held the petitioner guilty and issued a bill of Rs.86863/- to the petitioner. The matter of the petitioner
Arora Gaurav 2014.05.05 16:33 I attest to the accuracy and integrity of this document
CWP No. 2058 of 2003
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was sent to the Dispute Settlement Committee, who vide order dated 04.01.2002 has held that the MS connection of the consumer was checked by Sr. Xen/Enforcement-I Ludhiana on 20.06.2001 and the MCB seals were found fake and both MTC lead seals were found tampered and it was declared case of theft of energy. It was held that it was shown to the consumer by the committee and meter and seals were again pack sealed. It was decided by the Committee that the amount charged is correct and recoverable.
The petitioner preferred an appeal against order dated
04.01.2002 before DSC Zonal Level Ludhiana, which was also dismissed on 15.04.2002 wherein the plea of the petitioner was that as per M.E. Lab report, all the M.E seals meter glass were checked and found intact and OK and no hole on the meter was found. His appeal was dismissed on the ground that the committee had showed the consumer the fake MTC seals which were tampered with, thus the report of the M.E. Lab will not help the petitioner.
After going through the facts and material on record, the procedure adopted by the department, orders dated 04.01.2002 (P-5) and order dated 15.4.2002 does not require any interference by this Court.
The writ petition is dismissed.
April 24, 2014 G Arora
(RITU BAHRI) JUDGE
Arora Gaurav 2014.05.05 16:33 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the High Court should interfere with the orders of the Dispute Settlement Committee and Zonal Level in the electricity theft matter.
1 provisions across 1 enactments
Amarjit Singh
Supdt. Engineer, Ludhiana and others
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
