C.W.P. No.18860 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18860 of 2009 Date of Decision.02.09.2011 Ramesh Kumar son of Sh. Kanhiya Lal, resident of Radaur, Tehsil Jagadhari, Distt. Yamuna Nagar .....Petitioner Versus State of Haryana Bijli Vitran Nigam Ltd., Panchkula through its Director and others .....Respondents Present: Mr. R.M. Singh, Advocate for the petitioner. Mr. Mohnish Sharma, Advocate for respondent Nos. 1 to 4. Ms. Sudesh Aggarwal, respondent No.5 in person. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The only point that would fall for consideration is tenability of an order passed by the Electricity Ombudasman in directing penalty to be paid by the petitioner even without joining him as a party and without affording to him the opportunity to explain his case. It appears that the penalty has been imposed for alleged shifting of tubewell connection for one piece of land to yet another on a complaint lodged by the sister-in-law of the petitioner. Any decision that makes liable the petitioner and makes an inference of a wrong, could not have been done without affording to the petitioner an opportunity to state his objections. The petitioner shall be joined in the adjudication and shall be permitted to file his objections before the Electricity Ombudasman, C.W.P. No.18860 of 2009 -2- who will take a decision by considering the respective contentions of parties in accordance with law. It shall not become necessary for any application to be filed and I direct the impleadment through this order. The Ombudasman shall be at liberty to issue notice to parties stating a date and time for the enquiry. The impugned order is set aside and the matter is remitted to the Ombudasman for disposal in accordance with law. 2. The writ petition is disposed of. (K. KANNAN) JUDGE September 02, 2011 Pankaj*