P.K. Samanta, J. - (1.) This writ petition is directed against the order dated 10th September, 2001 passed by the Appellate Authority constituted under the Conditions of Supply for electricity.
(2.) On 31st July, 2001, the C.E.S.C. Ltd. carried. out an inspection at the meter installations in the premises of the writ petitioner. Upon such inspection, it was found that direct connection was made from L.T. Fuse Box of the distribution transformer to bypass meter registration for the consumption of electricity. Accordingly, the supply of electricity was disconnected by a notice dated 31st July, 2001. It does not appear from the records of this case that the petitioner made any written representation against such disconnection upon receipt of the said notice. However, the petitioner appeared before the concerned authority on two occasions namely on 6th August, 2001 and 28th August, 2001 and made verbal submissions against such disconnection. The said authority upon consideration of the facts and circumstances of this case and the submissions made on behalf of the writ petitioner held that the petitioner consumed electricity without any meter registration thereof by drawing direct connection from L-T. Fuse Box of the distribution transformer as above. Therefore, unmetered consumption of electricity by the writ petitioner for a period which was found to be 67 days was determined at Rs. 4,18,877.75 P. The petitioner preferred an appeal against the same before the Appellate Authority. The Appellate Authority by the impugned order dated 10th September, 2001 upheld the findings made by the Trial Authority but modified the quantum of unmetered consumption of electricity by reducing the assessed load from 100 K.W. to 70 K.W. Accordingly, unmetered consumption of electricity was assessed at Rs. 2,90,418.55P. It also appears that on the self same allegation of drawing direct connection as above, a complaint was lodged with the police for pilferage of electricity by the petitioner and on the basis of, such complaint a criminal case is still pending.
(3.) In these state of things, the aforesaid impugned order dated 10th September, 2001 passed by the Appellate Authority has been challenged on two fold grounds; that pending the above criminal proceeding for alleged pilferage of electricity the authority concerned should not have proceeded with the matter for the purpose of determination of unmetered consumption of electricity and secondly the determination as above for over a period of 67 days is perverse inasmuch as the writ petitioner prior to such disconnection intimated to the C.E.S.C. Limited about the non- functioning of it's unit for certain period of time which was not taken into account by the said authorities.;