- (1.) It is stated that during the in- spection conducted by the first respondent Board at 17 Hrs. on 31-3-1999 at the petitioner's aqua-form at No. 44 Kovalam village at Kancheerpuram District, a theft of energy by the petitioner by tampering the security seals of the meters and manipulation of the meter recording after opening the top covers of the meters were noticed with respect to the electricity service connection No. 466/Kovalam-II. Further, the right and left sides of the meter security seals were also found tampered, hanging on the ground, the meter top screws were also found tampered and the dials of the meters were found dislocated.
(2.) On the basis of the alleged tampering of the meters and manipulation of the meter-recordings, the respondent Board initiated action against the petitioner for theft of energy in respect of their Service connection No. 466/Kovalam II. A show cause notice dated 3-4-1999 in form Appendix IV, which is applicable for the violation of the Terms and Conditions of supply of Electricity was served on the petitioner. However, the said show cause notice dated 3-4-1999 was subsequently withdrawn and replaced by issuance of another show cause notice dated 19-5-1999 in form Appendix VI, which is applicable for the theft of energy/unauthorised reconnection of a disconnected service. Along with the said show cause notice dated 19-5-1999, the respondents Board also admittedly furnished the observation Mahazar and the Observation Report to the petitioner in support of the allegations levelled against the petitioner, which is evident from the acknowledgment made by the petitioner at the time of inspection. To the said show cause notice dated 19-5-1999, the petitioner submitted their explanation on 9-6-1999 denying the allegations levelled against them.
(3.) In the meanwhile the petitioner has chosen to challenge the said show cause notice dated 19-5-1999 in W. P. No. 10318 of 1999 before this Court, in which notice of motion was ordered, Pending notice of motion in the said writ petition, it appears that the respondent Board has conducted an enquiry on 2-7-1999, and offered a personal hearing to the petitioner at the Office of the 2nd respondent. The petitioner has also participated in the enquiry on 2-7-1999. However, the respondent Board, taking note of the notice of motion in W. P. No. 10318 of 1999 before this Court, in which the show cause notice dated 19-5-1999 is assailed and notice of motion was ordered by this Court, the respondent Board has made the following endorsement :"Intimated that they have filed a writ petition at Madras.. . . . . . . . . . . . . . . . . . . . . . . . . . .Hence any further action cannot be taken till the discussion with the Board's counsel at Madras. Hence the enquiry is adjourned indefinitely.";