- (1.) Leave granted.
(2.) The short dispute in this case pertains to the steps taken by the appellant- Corporation for levying the energy charges on the first respondent for the period of the alleged meter fault. On the basis of the inspection conducted on 25th/28th November, 2009 by the Junior Engineer of the appellant- Corporation, the first respondent was served with a notice dated 23.03.2010 demanding an amount of Rs.1,97,815/- towards energy charges which escaped billing. The first respondent filed a writ petition before the High Court which was disposed of by judgment dated 18.05.2010 permitting her to file objections and directing the Executive Engineer to consider the objections and pass a speaking order. The Executive Engineer, by order dated 08.06.2010, passed the revised order limiting the demand to Rs.50,891/-. The said order was challenged before the High Court in C.W.P. No. 19347 of 2012 leading to the impugned judgment.
(3.) The High Court, having conducted an elaborate inquiry into the matter, found that there was no justification for the demand. It was held that the proper procedure prescribed under law was not followed in inspection and preparation of the report. Still further, it was held that even the appellate authority did not discharge its functions as expected of them. The displeasure on the conduct of the assessing officer and the appellate authority was directed to be recorded in their annual character roll (annual confidential report) for the relevant period. The writ petition was thus allowed with costs of Rs.10,000/- to be paid by the appellant- Corporation with liberty to recover the same from the officials concerned after conducting an appropriate inquiry. There was also a direction to communicate the order to the Chief Secretary for ensuring compliance of the directions by the High Court. And thus aggrieved, the Corporation and its officials have come up in appeal.;