ELECTRIC INSPECTOR TO GOVT OF U P Vs. R J SINGH

JUDGEMENT

(1.) THIS is an appeal by the Electric Inspector to Government from a judgment of our brother Jagdish Sahai quashing by certiorari his order dated 19-11-1958 cancelling the licence granted to the respondent under Clause 12 of Notification No. 877/EI-86-1938, dated 2-6-1942, issued by the State Government of U. P., debarring him from obtaining a licence for the next two years.

(2.) THE respondent is a contractor who undertakes electrical installation work. THE Indian Electricity Act enacted to amend the law relating to the supply and use of electrical energy has created, the Central Electricity Board to exercise power conferred by Section 37. THE power is to make rules to regulate transmission, supply and use of energy and generally to carry out the purposes and objects of the Act including rules providing for the protection of persons and property from injury by reason of contact with or the proximity of, or by reason of the defective or dangerous condition of any appliance or apparatus used in the transmission, supply or use of energy. In exercise of this power the Cenral Electricity Board has made Indian Electricity Rules, 1937. Rule 48(1) reads as follows: "No electrical installation work..... shall be carried out upon the premises of or on behalf of any consumer or owner for the purposes of the supply of energy to such consumer or owner, except by an electrical contractor licensed by the State Government in this behalf."

(3.) CLAUSE 24 provides that "failure to renew a licence shall render such licence liable to cancellation, and the full initial fees will be charged for the issue of a new licence" and that an "application for renewal together with the licence shall be submitted to the Electric Inspector to Government at least one month before the date of expiry of the licence" A licence expires on the 31st day of March every year.