- (1.) The petitioner in this WP under art.226 dated January 31, 2012 is questioning a decision of West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, dated June 28, 2011 (at p.26).
(2.) Relevant parts of the decision dated June 28, 2011 are quoted below: "During Inspection of your premises at 'B.B. Sarani, Near R.N. Saha Mill Gurung Busty, Pradhan Nagar' on '10-Jun-11' the following discrepancies were noticed:- Over and above of the above discrepancies, the following issues to be resolved: Over and above of the above discrepancies, the following issues to be resolved: = PREMISES IS NOT SUITABLE FOR AFFECTING SERVICE CONNECTION DUE TO N.O.C. IS NEEDED & SPLITING OF LOAD OCCURS. Due to above discrepancies lit may not be possible on the part of WBSEDCL to provide connection at your premises within the stipulated period as per WBSEDCL Procedures A(2010). The delay in rectifying defect will be added to the time limit as prescribed in WBSEDCL Procedure-A(2010) for effecting your connection. You are therefore, requested to take necessary action to rectify the defect as mentioned above and communicate to this end. Please feel free to contract us for any further assistance." The petitioner applied for supply of electricity. By the impugned decision his request for supply has been turned down.
(3.) It is evident from the decision that it is a stereotype decision given without any application of mind. This Court is unable to understand what the official giving the decision actually wanted to say. The reasons for rejection of the request are vague, speculative and unspecified. It was the statutory obligation of the official to give a reasoned decision. It is a case of blatant failure in the discharge of statutory duties under s.43 of the Electricity Act, 2003.;