VIKRAMADITYA PRASAD, J. - (1.) HEARD both sides. The petitioner was granted sanctioned load of 15 H.P. the petitioner was detected to have a connected load of 31.5 H.P. thus, thereafter the petitioner supply of electric -energy was disconnected.
(2.) THE contention of the petitioner is that the electricity supply of the petitioner was disconnected without any show cause and another contention of the learned counsel for the petitioner is that the petitioner runs a repairing shop therefore, in his premises several equipments were found lying for repairs and the inspection team presumed that those equipments are being used in the premises of the petitioner and, therefore, misconstrued in enhancing the power load. The learned counsel for the petitioner submits that the petitioner filed representations by different annexures before the authorities denying the allegation made in the inspection report. It appears that thereafter, by Annexure -5 the Chief Engineer asked the Electrical Executive Engineer (S), Electric Supply Division, Daltonganj to submit a report so that the reasons for disconnection may be mentioned and dispute of the consumer may be examined. But that matter was pending. Annexure -6 further shows that Electrical Executive Engineer, (S) had asked the Electrical Superintending Engineer, Electrical Circle to submit a report after conducting a detail enquiry within a week. This may be treated as most urgent, but it was also not submitted. This letter was issued on 18.10.2001 and the writ has been filed on 13.8.2002 and till today the Court has been informed that no report has been submitted.
(3.) IN this circumstance the learned counsel for the petitioner submits that, in fact, both the authorities are not interested in submitting the report. The learned counsel for the petitioner relying on certain decision of this Court passed by as Division Bench and also by the Single Bench has argued that the disconnection without issuing show cause notice is violative of principles of natural justice therefore, a direction be given to the respondents to restore the electricity connection of the petitioner forthwith because the petitioner is suffering from the year 2000. Clause 16.9 of the Tariff clearly provides that on detection of unauthorised load the authority may disconnect the power supply.;