BIJAYLAKHMI LASKAR DUTTA Vs. ASSAM POWER DISTRIBUTION COMPANY LTD.

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. D.J. Das, learned counsel for the petitioner. Also heard Mr. N. Deka, learned Standing Counsel for the respondent nos.1 to 3, APDCL.

(2.) The petitioner in this writ petition has prayed for setting aside the impugned order dtd. 27/1/2020 issued by the respondent no.3, by which the petitioner has been imposed with the penalty of stoppage of all annual increments till 29/2/2024, i.e. the date of her superannuation, besides nonconsidera--tion of the petitioner for promotion during continuation of such penalty. Further, in the event of non-recovery of the penalty in the service tenure due to any other factor, the same was to be recovered from petitioner's admissible terminal benefits.

(3.) The petitioner who is working in the Assam Power Distribution Company Limited (APDCL) as Assistant General Manager (AGM), was alleged to have installed the old electricity meter in her residence, by taking down the new electricity meter put up by the APDCL, without the knowledge and permission of the APDCL. On getting to know of the same, the respondents conducted an enquiry. Due to the petitioner changing the new digital electricity meter with the old electricity meter without the approval and permission of the APDCL, the petitioner was issued a provisional assessment bill for unauthorized use of electricity under Sec. 126 of the Electricity Act, 2003 (hereinafter referred to as "Act of 2003"). The petitioner thereafter paid the electricity charge in terms of the provisional assessment bill dtd. 19/3/2016.