C.W.P. No.7295 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7295 of 2009 Date of Decision.05.09.2011 Punjab State Electricity Board through Sr. Executive Engineer (Operation Division), Kotkapura, Distt Faridkot and another .....Petitioners Versus Sham Lal s/o Sh. Hem Raj Singh, resident of Jaitu, Tehsil Jaitu, Distt. Faridkot .....Respondents Present: Mr. Vikas Chatrath, Advocate for the petitioners. Mr. Surinder Garg, Advocate for the respondents. 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 writ petition challenges the order passed by the Sub Divisional Magistrate, who acts as an appellate authority against assessment of fine for alleged theft of electricity. The fact of theft is said to have been found out on inspection made on 29.10.2007 when it was alleged to have been found that there was a kundi connection at the spot and the meter was at standstill and the supply was still running for manufacturing of crates. The inspection was said to have been made in the presence of consumer but he refused to sign the inspection report. Against a notice of demand, the respondent did not give his objection within time but he preferred an appeal directed to the Sub Divisional Magistrate. The demand was for Rs.92,810/- and the petitioner had paid 50% of the same along with appeal and sought to contend that the meter C.W.P. No.7295 of 2009 -2- was still running and it was properly sealed and the observation to the effect that the meter was not running, was not correct. The Appellate Authority allowed the appeal by finding out that the Department had not placed any evidence or proof to substantiate the imposition of fine. 2. Learned counsel appearing for the Electricity Board contends that as a matter of procedure, the respondent was not competent to file an appeal directly to the Appellate Authority without setting out his objections to the provisional demand within 30 days. The appeal itself was not maintainable. Learned counsel would point out to the specific entries in the inspection report that kundi was detected on the spot and that inspection was made in his presence but he refused to sign the same. Learned counsel for the respondent would try to explain that he had stated in the grounds of appeal that the allegation of theft was false and that the contention that meter was non-functional was equally untrue. He would contend that the alleged load of 8.852 KW was shown to be consumed, which was absolutely wrong and he had secured a connection to a load of 1.98 KW and his consumption was always less than the sanctioned load. 3. While I notice that the respondent could not have filed an appeal without setting out his objections, I will not take that to be very serious flaw now, when all the issues are before Court and the justification of demand made by the Electricity Board has already been considered by the Appellate Authority. I, therefore, directed the parties to argue the case on merits. The appellant argues through counsel that even in the appeal filed by the consumer, there was no denial about the imputation that there was kundi connection. I find from the language C.W.P. No.7295 of 2009 -3- employed in the grounds that it is a pedestrian attempt to make out grounds to assail the order by the party in person and it is not drafted with any technical finesse. There is, however, a sure reference to the fact that the meter was still working and it was not non-functional as was made to appear in the inspection report. If the Appellate Authority had recorded the finding of fact that no attempt was made to substantiate the alleged consumption of excess load, I would not want that to be reappraised in writ petition under Article 226 of the Constitution. 4. I maintain the order and dismiss the writ petition filed by the petitioner. (K. KANNAN) JUDGE September 05, 2011 Pankaj*