KUMAR KESHRIDASINDORE Vs. DIVISIONAL ENGINEERTELEPHONES ADMN INDORE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India. Praying for issuance of a writ of Certiorari/Mandamus, quashing the order dated 15-9-1982 (Annexure B), passed by the Divisional Engineer Telephones, Indore and the show-cause notice dated 26-3-1982 (Annexure A). The petitioner has also prayed for restoration of his telephone service, which has been disconnected by the respondents.

(2.) The undisputed facts are that the petitioner is a registered partnership firm having its registered office at 8, Subhash Marg, Indore. The firm carries on business in manufacturing, sale and purchase of confectionary items, like sweets, toffees etc., A show cause notice was issued to the firm on 26-3-1982 (Annexure A) the petitioner, calling upon why its telephone service of Telephone No. 36231 should not be stopped for unauthorised use. This notice (Annexure A) has been issued by the respondent No. 1 the Divisional Engineer, Telephone, Indore, in purported exercise of powers given under Rule 420 of the Indian Telegraph Rules, 1951, framed under Section 7 of the Indian Telegraph Act, 1885. This notice called upon the subscriber firm to produce documentary proof of its bona fide use of the telephone within ten days from the date of issue of this notice, failing which the telephone service was liable to be stopped. On 15-9-1982, the respondent No. 1 passed an order stopping the telephone service on the ground that it was being unauthorisedly used by the firm M/s. Radhumal Sewaldas, while the telephone stands in the name of the firm Kumar Kishandas. This order also records that the subscriber has failed to produce the required proof in spite of sufficient opportunity given to him. The petitioner contended that on receipt of the show-cause notice (Annexure A), it had submitted a representation (Annexure C) to the respondent No. 1, It is dated 12-4-1982 as can be gathered from Annexure D, which was addressed to the Divisional Engineer II, Indore Telephones, Indore, making a grievance about stopping of the telephone service without affording any opportunity of hearing and further prayed seeking such an opportunity.

(3.) The return filed by the respondents does not controvert the fact that representation (Annexure C) dated 12-4-1982 was not submitted by the subscriber-petitioner. The reply to paragraphs as submitted by the respondents merely records issuance of a show-cause notice and the order of disconnection with an addition that the petitioner was given a personal hearing and after being satisfied on the basis of the documents and the Inspection report D/-123-1982 found that the telephone connection was being used by another firm, Raghumal Sawaldas. Inspection report has been filed as Annexure R/l to the return. It would be pertinent to note that the show-cause notice does not refer to any such Inspection report, which has been referred to in reply to paragraph 3 of the petition and filed as Annexure R/l. Similarly the order of disconnection (Annexure B) also does not refer to any document or the Inspection report on which the order is sought to be based.