Calcutta High Court (Appellete Side)
Wbsedcl vs Abdul Wadood @ Abdul Wadud Kayal & Anr on 3 December, 2014
Author: Patherya
Bench: Patherya
1
03-12-2014 W P 5898 (W) of 2013
Ct. 8
WBSEDCL vs. Abdul Wadood @ Abdul Wadud Kayal & Anr.
Mr. S. Nayak ..For the petitioner.
Mr. K.K. Ray..For the private respondent.
By this writ petition the petitioner seeks to challenge payment of compensation imposed by the Ombudsman.
Counsel for the private respondent seeks an adjournment to take instruction in the matter.
On a reading of the order dated 23rd August 2012 it appears that by the said order the petitioner- distribution company has been directed to pay compensation to the private respondent. The reason for such payment is wrongful disconnection of the electrical supply to the private respondent. The issue has been raised by the private respondent with the Ombudsman. The Ombudsman has no authority to direct payment of compensation. Such authority lies with the State Commission alone.
As the notice has been issued and needs to be addressed, let the order dated 23rd August 2012 be stayed in so far as it directs payment of compensation till three weeks after the X-mas vacation.
Directions are given for filing affidavit. Let affidavit in opposition be filed by within a fortnight; reply thereto, if any, be filed within one week thereafter.
Matter to appear in the list one week after the X-mas vacation. 2 Photostat certified copy of this order be given to the parties, if applied for.
( Patherya, J. )