Chakravartti, C.J. - (1.) This is another of cases under Article 226 of the Constitution where the parties have not troubled to make a full and accurate disclosure of the facts and have left the Court to give its decision on considerations of a negative rather than positive character.
(2.) The history of the proceeding out of which the present appeal has arisen is as follows. The appellant company used to hold a licence for the supply of electrical energy in a certain urban or semi-urban area in Burdwan. The licence was originally granted to a firm to which the company apparently succeeded. In 1951, which is said to have been shortly after the present Managing Agents had taken over charge of the concern, there was widespread complaint about the inadequacy and efficiency of the supply of energy made by the company. The Burdwan Municipality, the railway authorities, the District officials, newspapers and members of the public all appear to have joined in making complaints. It was said that the pressure was never maintained at the declared level with the result that the supply of energy was exceedingly feeble and that the light provided was not sufficient to illumine the streets even dimly and was certainly not sufficient to enable anyone to read or do any other work. Another result of the drop in the voltage, it was alleged, was that the pump-house in the waterworks could not function effectively with the result that the supply of water was very seriously affected. Frequent breakdowns or interruptions in the supply were also alleged and it was said further that it had become impossible to obtain any new connections. These complaints, voiced in public meeting and newspapers, at last reached Government. They appear to have been satisfied that the complaints were true and that the company had been guilty of defaults for which their licence might well be revoked under Section 4 (1) of the Indian Electricity Act, but instead of taking that extreme step, Government decided to proceed under Section 4 (2) and to permit the licence to remain in force for some further time, subject to certain terms and conditions. A notification to that effect was issued on the 30th of September, 1954. It first enumerated the defaults committed by the company then referred to the liability which the company had incurred for the revocation of its licence and proceeded to say that the Governor, instead of revoking the licence, would permit it to remain in force, subject to certain terms and conditions which he was imposing. Three terms were then set out and the notification concluded by saying that they would have to be complied with within a period of three months from the date of issue of the notification.
(3.) At the end of three months, Government reviewed the working of the undertaking and came to be of opinion that the terms and conditions laid down by the notification of the 30th of September, 1954, had not been carried out and observed. Accordingly, on the 3rd of February, 1955, they issued a notice to the company, asking it to show cause why its licence should not be revoked under Sub-section (1) of Section 4 of the Act. The company showed cause, but Government did not find the cause shown satisfactory. Thereupon, on the nth of March, 1955, they issued three orders or notices, one of them being a notification, another a notice and the third a letter. It is the orders contained in these communications which are being challenged in the present proceedings,;