Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, wherein the following direction has been sought: (I) The respondent may be directed to forthwith restore the electricity connection of the petitioner which has been illegally disconnected on 15.02.2019 on mere suspicion of theft of electricity, in absolute contravention of the specific provision of Electricity Act, 2003 as well as Clause 11.12 of the Electricity Supply Code Regulation, 2015 issued by the Jharkhand State Electricity Regulatory Commission. (II) To quash the provisional assessment order issued by the respondent no.4 vide memo no.651 dated 19.02.2019 whereby and whereunder without following the provisions of Clause 11.12, 11.14 and 11.09 of the Supply Code Regulation 2015, without giving any opportunity of hearing, have imposed penalty upon the petitioner. (III) To quash the inspection report dated 15/16.02.2019 whereby and whereunder the respondents have prepared a concocted report with a sole purpose to any how book the petitioner for theft of electricity.
(2.) The brief facts of the case of the petitioner is that electricity connection has been provided in the terms of the premises of the petitioner being Consumer No.CKU-2 under HTSS tariff having Contract Demand of 3000 KVA for running its unit and the electrical connection was energised on 02.07.2005. The respondent authority has recorded the meter reading on 04.12.2018 and in course of checking the modem was not communicating with Remote Meter Reading cell, therefore, the respondents replaced the SIM card and also brought the modem outside the meter room. Again the premises was visited on 06.02.2019 and they removed the seals affixed on meter room door, meter box and optical port. After verifying the entire metering installations the respondents took the meter reading and thereafter affixed new seals and therefore during the entire inspection no irregularity has been found by the team of the respondents but after nine days a team of the respondent-Nigam has visited the premises and on inspection a report was prepared alleging therein that a fixed part of the locking arrangement of the main meter and metering unit room door was found cut through which the consumer can easily open the door without disturbance of the seals. It has been further alleged that the paper seals of the main meter and metering unit room door was found duplicate. Further allegation that the CTs of metering unit was found shorted with a purpose to suppress the consumptions and accordingly on the basis of inspection report dated 15/16.02.2019 respondents have lodged F.I.R against the petitioner alleging theft of electricity vide Chakulia P.S. Case No.07 of 2019 registered under Sections 135/138 of the Electricity Act, 2003 and thereafter a provisional assessment has been made in consonance with the provision of Electricity Act vis a vis the Supply Code.
(3.) The petitioner has raised the following issues: (i) The provisional bill has wrongly been prepared for the period from 13.10.2018 to 15.02.2019 in place of from 06.02.2019 since the recording of the meter was conducted on 04.12.2018 and 06.02.2019 therefore the last date of inspection would be from 06.02.2019 and even if three is theft of electricity the provisional assessment ought to have been made from 06.02.2019 to 15.02.2019 but on what basis the assessment has been made from 13.10.2018 i.e. not known to the law. (ii) The calculation of the provisional assessment has been made by detecting its value "twice" wherefrom the assessment has been made by detecting the value "twice" the rate is not known to the law. (iii) The petitioner is ready to make payment an amount of Rs.75,00,000/- apart from current dues in order to run the factory.;