Rajiv Gosain vs Mahanagar Telephone Nigam Ltd. on 20 April, 2000
4. On going through the facts and circumstances of the case, it is clear that once the department has established that there is commonality of user and there is nexus between the defaulting subscriber as well as the subscribers whose telephones are sought to be disconnected, the Department can invoke the provisions of section 443 for disconnection of the telephones in order to save the interest of the Department. Reliance is placed in case tittled Rajiv Gosain v. Mahanagar Telephone Nigam Ltd., AIR 2000 Delhi 431. Telephone No. 433725 was provided to Narinder Singh at 11-A/D, Gandhi Nagar, Jammu, where he was a tenant. Telephone connection Nos. 549859 and 576643 are installed in the premises of M/s ECH EMM PHOTO COLOURS PRIVATE LIMITED, Below Gumat, Jammu. in which Narinder Singh is one of the Director. So there is commonality of usage of the telephone connections by petitioners-1 and 2 and Shri Narinder Singh. The contention raised by Mr. K. S. Johal, learned counsel appearing for the petitioners, that disconnection of the telephone connections of the petitioners-1 and 2 on account of anybody's error, viz., non-depositing of arrears of telephone bills by husband of petitioner-1 and father of petitioner-2, though user of an independent telephone subscriber, is unwarranted and contrary to the provisions of section 443 of Indian Telegraph Rules, 1951, is neither tenable nor acceptable. In fact, all these are the telephones for their benefit. There was no violation of principles of natural justice. It is clear that the notice was addressed to Narinder Singh intimating him to make the payment of the telephone dues in respect of telephone No. 433725 within 14 days to avoid disconnection of T.C. Nos. 458847, 458848, 549859 and 576643. Therefore, there is no substance in the argument put forth by Mr. K.S. Johal, learned counsel appearing for the petitioners. The time was given to comply with the requirement of the notice and it was open to the petitioner to reply it and explain. It cannot, therefore, in such event, be said that there is any violation of principles of natural justice.