PREMKUMARI Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The substantial question of law that was framed by this Court at the time of admission was whether as per Section 26 of the Indian Electricity Act, the Electrical Inspector alone has to decide whether the meter in question is correct or faulty. Both the appeals arise out of suits relating to the dispute regarding the consumption of energy. The factual details may differ, but otherwise the matters to be decided in these second appeals are similar,

(2.) Both the appellants have flour mills. They were allowed a certain quantity of energy for consumption depending on the sanctioned loan. Over a period, it was found that the consumption was much below and, therefore, the Electricity Board conducted an inspection. On inspection, it was found that an artificial hole was made in the meter and a foreign material was inserted therein so as to arrest the meter thereby recording a lower consumption of energy. Prior to the filing of suits out of these second appeals arise, there have been writ petitions as well as statutory proceedings. It was only thereafter the appellants, exhausting all remedies open to them, filed the present suits challenging the demand as null and void and for injunction.

(3.) Both the Courts below held that theft of energy was proved. They relied on the evidence of D.W. 1, an Assistant Executive Engineer, who had found the insertion of foreign body and the presence of an artificial hole to the meter. The evidence of the appellants' witnesses also show that they were satisfied that the departmental enquiry was conducted fairly and properly. Both the Courts, below were justified that the appellants had no case and dismissed the suits.