- (1.) The greivance of the petitioner is that the checking done by the respondents indicated a theft of electricity being committed by him. The respondents raised a demand upon the petitioner by making an assessment under Section 135 of the Electricity Act, 2003 (hereinafter referred to as the Act). The petitioner preferred an appeal against the said order which appeal was not entertained by the Divisional Commissioner, Patiala Division vide the impugned order Annexure P-9 vide which he accepted the objection of the respondent/Corporation that against the assessment made under Section 135 of the Act, the appeal lies before the Additional Sessions Judge and that he was not obliged to look into the criminal liability arising therefrom. In short, he held that no appeal was maintainable and dismissed the same.
(2.) Learned counsel for the petitioner has contended that if the assessment was under Section 135 which section does not specifically provide for assessment, then in such an eventuality, the assessment was not sustainable in law, but if the assessment is to be construed under Section 126 of the Act, then his remedy of appeal could not be taken away as section 107 of the Act provided for the same.
(3.) Section 135 of the Act in particular, 6 th proviso is extracted here below :- "135. Theft of electricity.- (1) Whoever, dishonestly,- (a) taps, makes or causes to be made any connection with overhead, underground or under water liens or cables, or service wires, or service facilities of a licensee or supplier, as the case may be ; or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted ; or (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity ; or (d) uses electricity through a tampered meter ; or (e) uses electricity for the purpose other than for which the usage of electricity was unauthorized, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both : Provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessment amount or electricity charges in accordance with the provisions of this Act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment. " ;