CENTRAL ELECTRICITY SUPPLY COMPANY OF ORISSA LIMITED Vs. ORISSA ELECTRICITY REGULATORY COMMISSION, VIDYUT NIYAMAK BHAWAN, UNIT-VIII, BHUBANESWAR

JUDGEMENT

(1.) THE appellant, M/s. The Central Electricity Supply Company, in this appeal assails the order of the Orissa Electricity Regulatory Commission dated 16th February, 2001 issuing interim direction to withdraw the advertisement and stop operation of consumer census, to send draft procedure for steps to be taken under Regulation 51 of the OERC Distribution (Condition of Supply) 1998 for approval and to issue a public notice cancelling the advertisement issued by the appellant in the newspaper.

(2.) SHRI J. Patnaik, learned Senior Advocate for the appellant -company contends that the interim order dated 16.2.2001 passed by the Orissa Electricity Regulatory Commission (hereinafter called the 'Commission) is illegal and in violation of the mandatory provisions of Sec. 28 (3) of the Orissa Electricity Reforms Act, 1995 (in short 'the Act). It is his submission that the Commission can pass an order or in appropriate case an interim order, directing the licensee like the appellant for compliance only after it gives notice in terms of Sub -sec. (3) of Sec. 28 of the Act to the licensee stating therein the purpose, but the order under challenge having been passed without issuing a notice, it is illegal and liable to be set aside. It is further contended that otherwise also there was no occasion for the Commission to pass any such interim order since none of the conditions for passing the interim order which is emergent in nature were available against the appellant. Shri Samareswar Mohanty, learned counsel for the Commission however, submits that the Commission is empowered to pass an interim order otherwise than as provided under Sec. 28 of the Act in view of Clause 4 (1) of the Licence read with Sec. 15 of the Act. It is his submission that in view of Clauses (b) and (e) of Sub -sec. (4) of Sec. 15 since, it requires the licensee to comply with the directions given by the Commission and comply with the requirement of Indian Electricity Act and Electricity (Supply) Act and Rules framed thereunder, no notice is necessary.

(3.) HOWEVER , if the Commission proposes to make an interim order in that event before passing any such order, it shall have to give notice to the licensee stating that it proposes to make an order and set out the relevant conditions or requirements with which the proposed order is intended to secure compliance, the act or omission which in its opinion constitute contravention of that condition or requirement, the other facts which in its opinion justified in making of the proposed order and effect of the proposed order, giving the licensee an opportunity to make a representation or objection to the proposed order within a specified time not less that five days from the date of the notice as contemplated under Clauses (a), (b) and (c) of Sub -sec. (3). Under Sub -sec. (4), the Commission may make an interim order at any time after expiry of the period specified in the notice pursuant to Clause (e) of Sub -sec. (3) after having considered the representation or objection from the licensee if it has reason to believe that the licensee has contravened or is contravening or is likely to contravene any condition or requirement and the provisions made by the order are required for the purpose of securing compliance with the conditions or requirement. Passing of an order contemplated under Sub -sec. (4) is subject to Sub -sec. (5) which provides that the Commission may not pass an order if it is satisfied that the licensee has agreed to take and is taking all such steps as the Commission considers the licensee should have to secure compliance of conditions or requirement in question. Clauses (a) to (c) of Sub -sec. (4) is with regard to the direction that an interim order should contain, the revocation, modification or necessity and the time from which the order has to lapse. Similarly, Sub -sec. (7) speaks of service of copy, manner of publication of order and with regard to commencement of proceedings, to declare the interim order final.