B.P.Banerjee, J. - (1.) In this writ application the petitioner has challenged the memo dated 36th June 1987 issued by the Senior Accounts Officer Burdwan (O & M) Circle of the West Bengal State Electricity Board, office of the Superintending Engineer, Burdwan whereby the petitioner was directed for re-submission of bank guarantee with enhanced rate of security deposit of Rs. 80,000/- as against the existing security deposit of Rs. 9,650/- and for other relief.
(2.) The fact of this case is that the petitioner no. 1 is a sister concern of Nayak Paper Board Mills, Nayak & Company, Nayak Engineering Pvt. Ltd., Nayak Steel, Nayak Pasteners and being small scale industries which are including the writ petitioner and it is stated that the writ petitioner gets concessional tariff relating to the charges of electricity from the respondents. At the time of giving electric connection to the petitioner concerned, the respondents directed the petitioner to deposit a sum of Rs. 9,650/- as security deposit and in Clause (19) of the agreement entered by and between the parties it was provided that "the consumer shall on being so required by the Board provide a security deposit equivalent to the sum of Rs. 9,650/- in the shape of Bank draft. It was also provided that on like requisition increase the amount of such security in the event of the same becoming exhausted or being diminished or being insufficient." It is stated that the said security deposit was duly furnished by the petitioner and was lying in the custody of the respondents. The said payment was made by cheque dated 24th December 1970. It is stated that without any rhymes and reasons the petitioner received a memo dated 30.6.87 issued by the senior Accounts Officer of the West Bengal State Electricity Board for re-submission of bank guarantee with enhanced rate of security deposit of Rs. 80,000/- for covering period of 6 years as against the existing security deposit of Rs. 9,650/- as stated above and it was directed that such deposit was made on or before 15.7.87. It was further stated in the said memo that if the petitioner failed to provide with bank guarantee within the stipulated period, the respondents would be compelled to disconnect the line without any further reference. It was stated that prior to the issue of the said memo the petitioner was not informed about any enhanced rate of tariff on the basis on which the deposit to such a heavy figure. On receipt of the said memo the petitioner by the letter dated 3rd July 1987 prayed for exemption from furnishing security deposit at enhanced rate of Rs. 60,000/-, inter alia, on the ground that the petitioner no. 1 is a small-scale industry (agriculture) and for expansion of the existing unit and conversion from one plant to another had been adopted by the firm and in case there is a disconnection of line by the board, the stock of the potato of the Cold Storage would be perished resulting in loss and sufference of the potato. The Superintending Engineer, Burdwan (O & M) Circle West Bengal State Electricity Board, the respondent no. 3 by the letter dated 8th July 1987 refused the grant of exemption as prayed for by the petitioner. It is stated in the said letter that "the enhanced security deposit has been sought from all concerned bulk consumers irrespective of big or "the existing security deposit of Rs. 9,650/- only lying at this end will be refunded to you along with the interest after receiving the bank guarantee of Rs. 80,000/- only".
(3.) In reply to a representation made before the Board the then Engineer of the Board informed M/s. Nayak Papers & Board Mills by the letter dated 3rd June 1986 that - "There is no doubt that you are an important consumer of the Board. You are aware that in order to arrange for supplying power to the consumers in an around Memari, we had to draw over-head line, which is exposed to the uncertainty of weather and 6ther factors beyond control. Moreover, the areas under Memari and adjoining places are ultimately dependent on D.V.C. as source of Power. In view of above it is difficult for us to arrange for completely uninterrupted power supply to those areas. We are, however looking into the matter for arranging improvement in the supply system as far as practicable.";