- (1.) Plaintiff filed suit for declaration that notice dated 15.7.2002 issued by the defendants was wrong and illegal. It was contended by the plaintiff that he was running a small unit in the name of Durga Plastics for making plastic granules. On the night intervening 14/15.7.2002, the Chowkidar of the factory of the plaintiff passed on a message that the officials of the Nigam were taking some photographs by connecting some wires. He rushed to his premises and under the threat of checking staff and the police officials, he subscribed his signatures on the checking report. The checking report was illegal. There was no tampering of any installations at the premises of the plaintiff. The factory of the plaintiff was not running at the time of alleged checking. The load shown by the checking staff in the checking report is excessive. 3 rd defendant sent a notice dated 15.7.2002 demanding a sum of Rs.11,88,590/- as penalty for the connected load of 61.714 KV. Plaintiff sought for the aforesaid reliefs in the background of the above contentions.
(2.) Defendants contended in the written statement that the premises of the plaintiff was checked by the vigilance staff of the Nigam and it was found that there was theft of energy committed by connecting three black colour copper wires. Two of the copper wires were connected to L.T. line near the factory gate and the third wire was connected to the L.T. Line from another point at some distance. The photographs were also taken and the supply was disconnected. The penalty was imposed upon the plaintiff as per Sales Circular No. 31/98. Notice issued directing payment of penalty within 48 hours was legally sustainable, it was contended.
(3.) Trial Court held that nothing was shown on the screen at the time of inspection by the vigilance officials of the defendant in spite of the fact that the electronic meter had been fixed at the premises of the plaintiff. The criminal case as against the plaintiff also ended in acquittal. No independent person was joined at the time of checking. It has been further observed by the trial Court that the notice issued to the plaintiff to pay penalty within 48 hours is against the principles of natural justice. Ultimately, the trial Court decreed the suit.;