Southern Petrochemical Industries Co. ... vs Electricity Inspector And E.T.I.O. & ... on 15 May, 2007
Author: S.B. Sinha
Bench: S.B. Sinha ... civil) 2551 of 2007
PETITIONER:
Southern Petrochemical Industries Co. Ltd
RESPONDENT:
Electricity Inspector and E.T.I.O. & Ors
DATE OF JUDGMENT
consumer denied the allegation and
makes an application to the
Electrical Inspector, holds on
preliminary facts, that he has no
jurisdiction in the matter, then ... outside the ambit of Section (26(6) of
the Electricity Act an Electrical Inspector has no
jurisdiction to decide such cases of fraud. This Court
Indian Electricity Act, 1910 : Section 26(6) -Scope of-
Disputes regarding electricity meter-Jurisdiction of
Electrical Inspector to decide-Electricity Board-Whether
competent to issue ... case of Gadag Betgiri, Municipal Borough, Gadag
v. The Electrical lnspector. Government Electrical
Inspectorate, Government of Mysore, AIR 1962 Mysore 209 as
follows:-
"What
their officer authorized by them or a
Chief Electrical Inspector or an Electrical Inspector or
Licensee or the generating company, as the case ... their officers authorized
by them in this regard or a Chief Electrical Inspector or
an Electrical Inspector or an authorized officer of
Licensee
said six months for which
estimated amount of electricity consumed was determined by
the Electrical Inspector on the basis of the reading of the
meters ... meter. Prior to the amendment of
Section 26(6) of Electricity Act, the Electrical Inspector
or the competent person specially appointed by the State
Government
Indian
Electricity Act, 1910, which precluded private arbitration. The
dispute, therefore, could be resolved only by the Electrical
Inspector as provided in Section ... meter had incorrectly
recorded the supply of electrical energy. In short, before an
electrical inspector can be called upon to decide a dispute under
such Inspector ceased to be correct, such Inspector
shall estimate the amount of the energy supplied to
the consumer or the electrical quantity contained ... electricity consumed for
the statutory period of six months, referred to in
sub-section (6). The determination made by the
Electrical Inspector on twin questions
Electrical Inspector, and where the meter has, in the opinion of such Inspector ceased to be correct, such Inspector shall estimate the amount ... that before either a licensee or a consumer applies to the Electrical Inspector under this sub-section, he shall give to the other party
Electrical Engineer|(i) By Promotion from Assistant |
| | |Executive Engineer (Electrical) in |
| | |category 2. |
| | |(ii) By recruitment by transfer from the|
| | |category of Electrical Inspector ... Engineer (Electrical)|
| | |in the Tamil Nadu Engineering |
| | |Subordinate service who possess a Degree|
| | |in Electrical Engineering; or from the |
| | |category of Junior Electrical Inspectors
Electrical Inspector; and where
the meter has, in the opinion of such
Inspector ceased to be correct, such Inspector
shall estimate the amount ... advert to
Section 26 of the Electricity Act and direct
reference to the Electrical Inspector for
decision under Section 26(6) . In two decisions
