LAWS(GAU)-2002-8-64

AVTAR SINGH Vs. UNION OF INDIA (UOI) AND ORS.

Decided On August 21, 2002
AVTAR SINGH Appellant
V/S
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

(1.) HEARD Mr. B.N. Dutta learned Counsel for the writ Petitioner and also Mr. S.C. Shyam, learned Addl. C.G.S.C.

(2.) THIS petition has been filed for issue of an appropriate writ for quashing the order dated 22.7.2002 passed by the Respondent authority. The impugned order reads as follows:

(3.) MR . S.C. Shyam, learned Counsel for the Respondents submitted that the Army Authority is not a licensee within the meaning of Section 3 of the Indian Electricity Act, 1910, hereinafter referred to as the Act and, as such, is not entitled to extend supply of power to the members of the public. The decision taken by the ADM Commandant was without authority of law and it cannot bind the Army in perpetuity. According to the learned Counsel, the connection given was purely temporary without specifying the time limit and this is violative of the Rules relating to service connection to the non -military buildings. The Petitioner is an ex -serviceman and is no longer in the service of the Army.