Prashant Kumar, J. - (1.) THIS writ application has been for the following reliefs: - (A) For issuance of an appropriate writ or a writ in the nature of Certiorari for quashing the order dated 01.07.2010 passed by the General Manager -cum -Chief Engineer in pursuance of the order dated 16.01.2009 passed by this Hon'ble Court in W.P.C. No. 2197 of 2003 whereby and whereunder the said authority without giving any impetus to the report of national Metallurgical Laboratory, Jamshedpur went ahead to Levey penalty upon the petitioner in purported exercise of powers conferred upon it under Section 39 and 44 of the Indian Electricity Act, 1910 without applying its mind and for the reasons of malice. (B) For issuance of an appropriate writ or a writ in the nature of Certiorari for quashing the punitive bill raised on the petitioner dated 27.10.2010. (C) For issuance of an appropriate writ or a writ in the nature of mandamus directing upon the Respondents to show cause as to how a proceeding under Clause 16.9A of the 1993 Tariff is attracted, when admittedly none of the criterions as laid down in the said Clause are attracted. (D) For issuance of any other appropriate writ(s), order(s) and direction(s) as Your Lordships may deem fit and proper under the facts and circumstances of the case for imparting complete and substantial justice.
(2.) IT appears that the petitioner is a company having its factory at Adityapur Industrial Area at Jamshedpur and is a manufacturer of reclaimed rubber. For running the factory, petitioner took electrical connection from the Jharkhand State Electricity Board on a contract demand of 500 KVA, which was later on enhanced to 800 KVA per month. It appears that on 25.04.1996 and 26.4.1996 inspections carried out in the premises of the petitioner. During the inspection, current in R -Phase was found 0.049A as against 38.515A in B -Phase. It was also detected that incoming jumper of the metering unit of R -Phase snapped and melted with outgoing jumper of the metering unit of the same phase. Thereafter F.I.R. lodged against the petitioner on 26.04.1996 for theft of electrical energy. It appears that petitioner filed CWJC No. 1536 of 1996 (R), which was disposed of with direction that the petitioner should file representation before the General Manager -cum -Chief Engineer South Bihar & Chhotanagpur Area Electricity Board, Ranchi. Accordingly, a representation filed on 04.06.1996. It appears that during the pendency of the representation, Jamshedpur Area Electricity Board (headed by General Manager -cum -Chief Engineer) was created. Thus, in the aforesaid writ application vide order dated 21.5.1996, the General Manager -cum -Chief Engineer, Jamshedpur was directed to dispose of the representation. In view of the aforesaid direction, the General Manager -cum -Chief Engineer, Jamshedpur Area passed order on 22.01.2001, which was challenged by the petitioner in this Court vide CWJC No. 1620 of 2001. It appears that in pursuance of the order dated 24.4.2001, petitioner filed another representation before General Manager -cum -Chief Engineer, Jamshedpur on 4.5.2001 for correcting the bill raised under clause 16.9. It appears that this Court vide order dated 12.4.2002 disposed of CWJC No. 1620 of 2001 and quash the order of the General Manager -cum -Chief Engineer, Jamshedpur and remitted back the matter to the General Manager -cum -Chief Engineer, Jamshedpur for passing a fresh order, in accordance with law. Thereafter, General Manager -cum -Chief Engineer, Jamshedpur passed order on 08.05.2002, against which the Jharkhand State Electricity Board filed a writ application in this Court vide WPC No. 2193 of 2003. The aforesaid writ application disposed of vide order dated 17.01.2009 and the matter again remitted back to General Manager -cum -Chief Engineer, Jamshedpur for deciding the matter afresh, within two months from the date of order. Thereafter a Letter Patent Appeal vide LPA No. 89 of 2009 filed, which was dismissed as withdrawn vide order dated 25.05.2009. However, petitioner was given liberty to appear before the General Manager -cum -Chief Engineer, Jamshedpur and pursue the matter in view of the order passed by the learned Single Judge.
(3.) IT appears that petitioner appeared before the General Manager -cum -Chief Engineer, Jamshedpur Area on 08.01.2010. However on that date the matter was adjourned. Thereafter from 11.01.2010, the representatives of both the parties were heard several times by the General Manager -cum -Chief Engineer, Jamshedpur Area and he vide his order dated 01.07.2010 disposed of the representation and held that the consumer was indulged in malpractice and theft of energy. Thus, the Board is entitled to raise bill against him as per Clause 16.9A of the Tariff. Accordingly, the Electrical Executive Engineer (C & R) issued a penal bill of Rs. 22,64,345/ - and directed the petitioner to pay the same by 15th of November, 2010. The aforesaid order and bill raised on that basis have been challenged in this writ application.;