- (1.) 2/15.5.2012 In this writ petition, the petitioner has challenged the inspection report whereby the allegation has been made against the petitioner of internally manipulating for pilferage of energy by implantation of artificial means i.e. looping of C.T.S. Though the inspection team has not mentioned anything about the loss caused to the Board, the F.I.R lodged on the basis of the said report arbitrarily alleges of causing loss by the petitioner to the Board to the tune of more than Rs. 7 Crores. Mr. M. S. Mittal, learned Sr. counsel appearing on behalf of the petitioner, submitted that the said allegation is wholly arbitrary and baseless. In fact, no loss whatsoever has been caused to the Board. The petitioner has been paying the amount of bill raised continuously. If there is any case of suspected theft, according to Clause (x) of the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code, Amendment) Regulations, 2010 [hereinafter referred to as 'the said Supply Code'], the authorized officer has power to remove the old meter under a seizure memo and seal it in the presence of the consumer / his representative, but the licensee or supplier shall continue the supply to the consumer with a new meter. The old meter shall be tested in the presence of the consumer and the authorized officer at the place approved by the Commission. After testing and after getting test report in writing along with photographs / videographs, the same shall constitute evidence thereof.
(2.) LEARNED counsel submitted that in the instant case, contrary to the said provisions of Clause (x) of the said Supply Code, though the concerned officer had removed the old meter, has not supplied new meter and has disconnected the electricity supply to the petitioner. LEARNED counsel submitted that the disconnection of the petitioner's line is wholly illegal and whimsical. If the respondents had removed the old meter alleging the case of suspected theft, it was their duty to install new meter and continue electricity supply to the petitioner. LEARNED counsel submitted that due to illegal disconnection of the electricity supply, the petitioner has been suffering huge loss and his induction furnace has been completely closed. The future of the employees and the workers has also become precarious. In the above circumstances, learned counsel prays for a direction on the respondents for restoration of the petitioner's electricity connection in accordance with the terms of Clause (x) of the said Supply Code, during pendency of the writ petition. Mr. Ajit Kumar, learned counsel appearing on behalf of the Jharkhand State Electricity Board, submitted that on bare perusal of the facts and materials on record, it is clear that this is not only a case of tampering with the meter, but it is also a case of tampering with the C.T. He further submitted that he has no full instruction in the matter, as it has been listed for the first time. He shall seek complete instruction and file counter affidavit. For that purpose, he prays for two weeks' time. As prayed for, two weeks' time is allowed to learned counsel for the respondents-Board for filing counter affidavit. However, looking to the serious situation, which has been caused by disconnection of the petitioner's electricity supply and also the provisions of Clause (x) of the said Supply Code, the respondents are directed to restore the electricity supply to the petitioner by installing a new meter within three days. Put up this case on 25.6.2012.;