VINEET SARAN, J. - (1.) The respondent is a small scale industry. For running its industry, it had a contract demand/sanctioned load of electricity of 4000 KVA from the appellants-Jharkhand State Electricity Board (for short 'the Board'). The request of the respondent for reduction of such sanctioned load to 1325 KVA having been refused, the respondent filed a writ petition before the High Court of Jharkhand, which has been allowed. Aggrieved by the said judgment of the High Court, this appeal has been preferred by the Board.
(2.) The brief facts, relevant for the present case, are that the respondent, which is a small scale industry, had entered into an agreement with the Board on 14.04.2004 for High Tension (H.T.) connection of 325 KVA load. The respondent thereafter applied for enhancement of load from 325 KVA to 1325 KVA, which was allowed by the General Manager-cum-Chief Engineer of the Board on 14.03.2006. The respondent again applied for enhancement of load from 1325 KVA to 3500 KVA, which was sanctioned by the Board on 26.12.2006. On a further request of the respondent, the load was again enhanced by 500 KVA to 4000 KVA. For each enhancement of load, fresh agreements to that effect were entered into between the respondent and the Board, the last one being on 07.07.2007 for supply of 4000 KVA load. The respondent alleges that after the enhancement of load, it was facing major trippings as well as continuous load shedding which was affecting the costly machineries and, therefore, the respondent decided to reduce the load from 4000 KVA to 1325 KVA. Accordingly, the respondent filed an application, on 20.09.2007, before the authority of the appellants-Board for such reduction. Vide its order dated 08.11.2007, the Electrical Superintending Engineer rejected the said application of the respondent for reduction of load from 4000 KVA to 1325 KVA informing the respondent that from the date of enhancement of supply of load, an agreement (dated 07.07.2007) would be enforced for a period of three years and treating it to be a case of determination of agreement, and quoting the Clause 9B of the agreement, it was provided that the agreement could not be permitted to be determined prior to the completion of initial period of three years from 07.07.2007 and that the respondent will have to pay the minimum guarantee charges and other charges, even if the respondent decides to terminate the agreement.
(3.) Challenging the said order of the Board dated 08.11.2007, the respondent filed Writ Petition No.6651 of 2007, which has been allowed by the High Court vide its judgment dated 23.07.2008, primarily on the ground that the proviso contained in Regulation 9.2.1 of the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 (for short, 'the Regulations of 2005'), providing for no reduction of load to be allowed by the Distribution Licensee before expiry of the initial period of agreement was discriminatory, arbitrary and against the public policy. Challenging the aforesaid judgment, this appeal has been filed.;