- (1.) HEARD Mr. Mihir Kumar Jha, learned counsel appearing for the petitioner at length.
(2.) IN the instant contempt application under Article 215 of the Constitution of India and Sections 10 and 12 of the Contempt of Courts Act, the petitioner Bihar Slate electricity Board has prayed for initiation of a contempt proceeding against the opposite party, namely, the Chairman, Jharkhand State Electricity Board for the alleged wilful disobedience of the order and direction passed by this Court dated 11.4.2001 and 10.7.2001 in LPA No. 256/2000. The writ petitioner M/s. Usha Beltron Ltd. has filed CWJC No. 223/2000 (R) challenging the action of the respondent (Petitioner herein) in disconnecting the supply of electricity in the premises of M/s. Usha Beltron Ltd. and raising a compensatory bill for a sum of Rs. 40,39,50,747/ - and further for a declaration that no pilferage of electricity was done by the writ petitioner. The said writ application was disposed of on 27.1.2000 by a Single Judge of this Court and the General Manager -cum -Chief Engineer was directed to consider the representation that shall be filed by the writ petitioner and to dispose of the same by passing a reasoned order after giving opportunity of hearing to the parties. The Court further directed for restoration of supply of electricity.
(3.) BEING dissatisfied with the judgment passed in the writ application, the writ petitioner. M/s. Usha Beltron Ltd. preferred letters Patent Appeal being LPA No. 256/2000. A Division Bench of this Court, after some arguments, allowed the petitioner -appellant to withdraw the appeal and consequently the appeal was dismissed as withdrawn. The Division Bench, however, modified the judgment dated 27.1.2000 only to a limited extent saying that adjudication of the dispute shall be done by the Chairman. JSEB in place of General Manager -cum -Chief Engineer, Singh -bhum Area Electricity Board, Jamshedpur. The Division Bench clarified that except the aforesaid limited modification there will be no variation/change in the judgment under appeal. The Division Bench further directed to dispose of the matter within six weeks and the parties were directed to fully co -operated with the Chairman in the proceeding. It was further directed that the Chairman shall devise his own procedure for the conduct of the proceeding but the procedure so devised shall be in conformity with the principles of natural Justice.;