- (1.) APPELLANT herein is a Company which claims to be manufacturing gas. The Company filed a writ petition, being CWJC No. 1346/2000(R), for quashing an order dated 21st April, 2000 passed by the General Manager -Cum -Chief Engineer. Jamshedpur Area Electricity Board, disposing of a representation filed by the writ petitioner appellant pursuant to an earlier order passed on 28.01.2000 in CWJC No. 3625/1999 (R). By the impugned order the said respondent held that there was prima facie allegation of theft of energy against the petitioner as a reason whereof Clause 16.9 of Tariff Rules was attracted in the writ petitioner 'scase. The appellant -writ petitioner also prayed for quashing of the bills raised pursuant to the said order dated 21st April, 2000 on the ground that the same had been raised in contravention of the directions given in the impugned order and also Clause 16.9 of the 1993 Tariff Rules.
(2.) THE appellant -writ petitioner also prayed for a direction to restore supply to its factory as the same had been disconnected on 3rd December, 1999 on the basis of an inspection report prepared on the same day by a team of officials of the Jamshedpur Area Electricity Board. According to the appellant, the writ petitioner -Company had by a letter dated 1st November, 1999 informed the Assistant Electrical Engineer, Electric Supply Division, Gamaharia, 'Sub -Station No. III, Jamshedpur that the outside seal bearing No. 048442 of CT/PT had rusted and fallen down and requested that the same be attended to. According to the appellant -Company, pursuant to such information an inspection was conducted in the premises of the appellant Company on 3rd December, 1999 on the basis whereof an FIR was lodged on 3rd December, 1999, itself, alleging theft of electricity by the appellant -Company. After the FIR was lodged, a bill was raised by the aforesaid Board for a sum of Rs. 71,51,351/ - which was challenged by the appellant Company in CWJC No. 3625/1999(R). An interim order was passed in the said writ application on 22nd December, 1999 whereby the Board was directed to restore supply subject to the condition that the appellant -Company deposited a sum of Rs. 15 lakhs. The said order was subsequently modified when the writ petition was disposed of on 28th January, 2000 and a direction was made that if the appellant -Company deposited a sum of Rs. 10 lakhs then the line would be immediately restored and the balance sum of Rs. 5 lakhs would have to be deposited within 30 days thereafter. There is no dispute that the firm deposited a sum of Rs. 5 lakhs. The supply was ultimately restored and the appellant Company is still enjoying such supply on payment of a further sum of Rs. 3 lakhs pursuant to an order dated 13th May, 2003 passed in the instant appeal.
(3.) WHILE disposing of the writ application this Court quashed the bill for Rs. 71,51,351/ - and gave liberty to the Board to raise bill after giving an opportunity of hearing to the writ petitioner which is the appellant Company before us. The appellant Company was directed to file a representation before the General Manager Cum Chief Engineer, Jharkhand Area Electricity Board, within a week from the date of passing of the order and upon receipt thereof the General Manager was directed to consider the said representation and dispose of the same by passing a reasoned order after giving an opportunity of hearing to the appellant Company.;