Calcutta High Court
Auckland International Ltd. And Anr. vs The Cesc Ltd. And Ors. on 11 December, 1991
Equivalent citations: (1992)2CALLT176(HC)
JUDGMENT Susanta Chatterji, J.
1. The present writ petition has been filed praying for a writ of mandamus commanding the respondents to resume the supply of electrical energy to Ambika Jute Mills at Belur, Howrah, on the ground that there was no reason for disconnection of the supply of electricity. It is stated in detail that the Ambika Jute Mills originally belonged to Sri Ambika Jute Mills Co. Ltd. and it has been lying closed since 27th August, 1984. The said company was directed to be wound up and after diverse proceedings the petitioner company purchased the entire movable and immovable assets and thereafter it had started functioning by employing 3,000 employees and by investing a huge amount towards repair and restoration. It is stated further that the CESC people had inspected the factory premises and noticed that a purported endorsement has been made on the meter reading book by incorporating as follows :-
"Found paper and lead seal of T.D. broken on servicing door in presence of Shri Nihar Acharjee, Electrician."
2. The petitioner had immediately drawn the attention of the CESC authorities. However, the supply was disconnected and being aggrieved the petitioner has come to this Court. The CESC authorities appeared and filed an Affidavit-in-opposition. It is disclosed, inter alia, that the metering instruments by which the consumption of electricity is measured are set in a panel. This panel is called the metering instrument panel and is housed in a cabinet which has a door. This door is normally kept closed and sealed with a seal made of the metal lead and also with a paper seal. It is not necessary to open this door to read the metering instruments. It is necessary to keep this door sealed, as by opening it, access can be had to the rear of the metering panel. Such access makes it possible to tamper with the meter connections so that the meters cease to register or register a lower consumption than actual, although the supply of electricity continues to the consumer. It is further possible to allow the meters to register correctly or incorrectly as stated above, at will. It is not necessary to touch the meter body seals to achieve this purpose. It is placed on record further that on 26th June, 1991 the meter reader of the respondent No. 1 went to the premises of the petitioner and noticed that both the lead seal and the paper seal on the metering instrument panel door were broken. Accordingly he recorded this fact in a book kept on the premises.
3. Upon investigation it was found by the respondent No. 1 that the consumption pattern of the petitioner No. 1 had registered a sharp decrease from April, 1991 account. The respondent No. 1, therefore, had sufficient reason to believe that pilferage of electricity was taken place from April 1991 account. A schedule showed the difference in metered and estimated actual consumption and the consequent loss to the respondent No. 1.
4. In view of the aforesaid facts the respondent No. 1 had taken steps and a general diary was lodged with the Bally Police Station and the line was disconnected on 9th July, 1991.
5. This Court having heard both sides directed the Superintendent of Police, Howrah, to cause an enquiry and to file a report as to the alleged pilferage and an enquiry had taken place. It is stated in the report filed by the Superintendent of Police, Howrah, that during the spot enquiry the Officer noticed five electric meters on a panel board at the Power House of the Mill inside the mill compound. Paper seals were there on the borders and middle of the panel and the electric meters were found sealed with plastic cards and lead sealing. This has brought to the notice of the Court in view of the report that a devastating fire accident had taken place in the mill on 28.4.91 for which the production of the mill came down considerably till the middle of May. On scrutiny it has been found that consumption of energy was below average during this period. Information of fire was lodged with local Police station by the mill authority and other concerned. There is no complain by the CESC authorities with the police before 9th July, 1991, when they disconnected electricity line of the mill. This Court, however, having heard both sides and going through the records, directed restoration of the supply upon certain conditions.
6. A lengthy argument has been made as to whether the CESC has a right to disconnect the supply without notice and as to whether there is any clause in the agreement permitting the CESC to disconnect the supply and/or whether there is any statutory obligation on the part of the CESC authorities to disconnect without any prior notice. The attention of the Court has been drawn to various decisions of this Court including the latest decision reported in AIR 1991 Supreme Court where the Supreme Court has found that even in the case of pilferage the allegation cannot reach any conclusion without having a fulfledged trial. However, the right of CESC to disconnect the line by giving notice or without notice is not considered by this Court, in view of the fact that the line has since been restored and this question is kept open to be considered in an appropriate case. This Court, however, finds that the question of pilferage cannot be concluded in the writ proceeding. The CESC authority being complainant cannot be the judge of its own case and to decide conclusively that there was pilferage. From the materials on record and from the report of the police authority and the circumstances of devastating fire this Court does not find that there is any justiciable reason to disconnect the supply without notice in the instant case.
7. Upon perusal of the materials on record the CESC authority is directed to refer the matter to the Chief Etectrical Inspector of Government of West Bengal for effective adjudication by giving notice to the both sides in accordance with the law. Until the same is decided the CESC authorities will not claim any amount from the petitioner nor there will be any attempt to disconnect the line for the arear bills. The petitioner will, however, go on paying the bills towards the current consumption.
8. With this observation the writ petition is disposed of.
9. There will be no order as to costs.
All parties to act on a signed copy of the operative part of this judgment upon, usual undertaking.