PRAHLAD PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order dated 16.12.2006 passed by the Certificate Officer in Certificate Case No. 93 of 2004 -05 and the follow up orders passed thereafter.

(2.) THE grievance of the petitioner is that he was the Director of the Company, namely, Lemos Cement Limited. The petitioner has since resigned and is no more the Director of the Company. The dues of the respondent -Electricity Board is admittedly against the Company but the certificate was issued against the Company and also in the name of the petitioner as he was the Director of the Company. It has been stated that the said Company was the consumer and on behalf of the Company, the petitioner had signed the documents in the capacity of the Director of the Company and he is not personally liable for the dues.

(3.) LEARNED Counsel appearing on behalf of the petitioner on the said fact situation submitted that the impugned order dated 16.12.2006 is wholly arbitrary, illegal and without jurisdiction and is not sustainable in view of the provisions of Sections 9, 10 and 14 of the said Act.