1 n 1 1 75 r 4e 4 r Retlular Second Appeal Noe 4380 of 2005 ReqularSecond Aopeal No 4381 of 2005 RegularSecond Appeal Noa 1799 of 2008 and RegularSecond Appeal Noe 1800 of 20080 IN THE HIGH COURT FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH a1 Date of Decision2 February Il 2011 1 1 r RecluiarSecond Appeal Noe 4380 of 2005 0 0 PunjabState Electricity Board and others Appellants I wnn t5 I VERSUS Z Mls Hemkunt Cold Storage Respondent tr Reqular Second Apeal Nos 4381 of 20050 Z Punjab State Electricity Board and others Appellants Z m VERSUS 7 Z MlsnJaid Cold Storage Respondent Reclular Second APpeal Noe 1799 of 2008 Mlsa Jaid Cold Storage AppelIant VERSUS unjab State Electricity Board and another Respondents Reouiar SecondApoeal No 1800of 2008 1 T42 11 25 04n 4Wle970 Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 76 C e2e r 0 Reqular Second Aooeal No380 of 2005 Reqular Second APpeal Noe 4381 of 2005 Reqular Second Apoeal Noa 1799 of 2008 and Reqular Second APPeal Noa 1800 of 2008 Mlse Hemkunt Cold Storage AppelIant eee VERSUS 1 r Punjab State Electricity Board and another Respondents 0 1 0 I C5 CORAM HONBLE MRJUSTICE MOHINDER PAL 1e Whether Reporters of Local papers may be allowed to see Z the judgment7 2 To be referred to the Reporters or not7 3e Whether the judgmentshould be reportedin the Digest7 r Present Mr Sukhbir Singh Advocate for the PunjabState ElectricityBoard appeilant in RegularSecond AppeaisNosA380 and Z 4381 of 2005 and respondent Ill RegularSecond c AppealNos1799 and 1780 of 2008 CJO 7 MreSK SinglaAdvocate Z for MlsJaid Cold Storage appellant Ill ReguiarSecond AppealNo1799 of 2008 and Q respondentin RegularSecond AppealNoA381 of 2005 and for MlseHemkunt Cold Storage appellantin RegularSecond AppealNo1800 of 2008 and respondentin RegularSecond AppealNoA380 of 20050 MOHINDER PAL J This judgment will dispose of the aforestated four appeals as the questioninvolved therein is common ie whether Electric Connection NoVIS22 and Electric Connection No MS are to be treated as clubbedor not e j e Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 77 t2 8 r7 Reqular Second Appeal Noa 4380 of 20050 Reqular Second Appeal Noe 4381 of 2005 ReqularSecond Amoeal Noe 1799 of 2008 and ReciularSecond Apoeal Non 1800 of 2008 Punjab State Electricity Board or short the Board1 whichhas filed RegularSecond AppealsNosA380 and 4381 of 2005 has claimed that both these electric connectlons have to be 1 treatedas clubbed connections whereas in RegularSecond Appeals C Nos 1799 and 1800 of 2008 filed by Mls Jaid Cold oStorageand 0 0 MlsHemkunt Cold Storage respectively the claim made is that I 0 these two electric connections are separate Units I RegularSecond Appeal N004380 of 2005 has been Oled Z by the Board against the judgment and decree passedby the Iower appellateCourt wherebythe judgment and decree passed by the trial Court dismissingthe suit filed MlsHemkunt Cold I Storage olaintiff thereir was set aside and the suit filed by Z Mls Hemkunt Cold Storage concerning the electriclty chargesIll ClO respectof Electric Connectlon NoMSe22 was decreed 7 RegularSecond Appeal NoA381 of 2005 has been filed Z by the Board against the judgment and decree passed by the Il lower appellateCourt wherebythe judgment and decree passed by the trial Court dismlssingthe suit filed by Mlsaid Cold Storage plain8ff therein was set aside and the suit filed by Mlsaid Cold Storage concerning the electricity charges Itl respect of Electric Connection NoSm23 was decreed RegularSecond Appeal Noa1799 of 2008 has been filed by Mlse Jald Cold Storage against the judgrnents and decrees passedby both the Courts below where the suit filed by MlsJaid Cold Storage concerning the electricity charges ln respect of 01041 469 Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 78 C a4e P Reciular Second ApPeal Noe 4380 of 20050 Reclular Second Appeal Nos 4381 of 2005 Reqular Second Appeal Noe 1799 of 2008 and Reclular Second Appeal Noa 1800 of 20080 Electric Connection NoS23 was dismissed ReguiarSecond Appeal No 1800 of 2008 has been filed by Mls Hemkunt Cold Storage againstthe judgmentsand decrees 1 passed by both the Courts below where the suit filed by r MlsHemkunt CoId Storage concerning the electricity charges in 0 0 respect of Electric Connection Nol22 was dismissed I C5 I have heard Mr Sukhbir Singh Advocate appearingfor the PunjabState ElectricityBoard appellant In RegularSecond Z AppealsNosA380 and 4381 of 2005 and respondentin Regular Second AppealNos1799 and 1780 of 2008 and Mr SK Singia C Advocate appearing for Mls Jaid Cold Storage appellant Iil I RegularSecond Appeal No1799 of 2008 and respondentin Regular t Z Second AppealNo381 of 2005 and for MlSe Hemkunt Cold QO Storage appellantin RegularSecond AppealNo1800 of 2008 and 7 respondentirl RegularSecond AppealNoA380 of 2005 and have Z gone throughthe records of the case tl At the outset it may be pointed out that the firms usuallyobtain more than one electric connection in the same premises to avoid higher tariff In order to make the provision of clubbing the new connection in the same premises the Board had issued Commercial Circular Noe78195 vide Memorandum dated 159 1995 which for facilityof reference IS reproducedas belowl ll Subject Running of more than one Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 79 C 8 e Reqular Second Apoeal Noe 4380 of 2005 Reqular Second Apoeal Noe 4381 of 2005 Reqular Second Appeal Noe 1799 of 2008 and Reqular Second Appeal Noe 1800 of 20080 connection in the same premises SMI2680 It has been observed and experienced that existing instructions 1 contained in SMI268 are not being r meticulouslyfollowed and new connecons 0 0 Ill the same premisesare beinggiven Such I C5 violations of the instructions are being 7 I pointedout repeatedlyby Accounts Audit as Z well as Technical Audite Avoidance of higher voltageIevel supply has been pointed out by the audit as a result of glving more I than one connection in the same premises t0 Z Instances have also been noticed where OO more than one connection has been glven in 7 the same premises to avoid highertariff Also Z instructions issued Vide CC No32190 dated Clm 12690 for avolding circumvention of the instructions have not been very useful in curbing the tendency for a new connection in a premises carved out of the existing one or by purchasing an adjoining Iande In order to make the provision of clubbing and new connection in the same premises errorproof it has been decided as under 44 Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 80 C W Reqular Second Appeal No380 Of 2005 Reqular Second Aopeal Noa 4381 of 2005 Reqular Second Appeal Noe 1799 of 2008 and Reqular Second Appeal Noe 1800 of 2008 il Where any person whether or not a member of the family partner director etc applies for a new connection in 1 the sa me premises this shouId be allowed C onlyif 0 0 a3 ethere IS physicaiseparation I 0 and I bl also where the premises Z Ill question are legaliy transferred sold or Ieased to be the new unit and appropriate entry exists Inthe municipalrecord regarding such transfer This implies that there Z should be a registereddeed for Iease or m sale and formal agreement of family mmw partltionlIease etc should not be accepted Z iil XX Xx XxIl The firms in question 1e MlsaJaid CoId Storage and Mls Hemkunt Cold Storage disputed the electricitybills sent by the Board on the basis of LargeSupplyTariff after clubbingIoad of Electric Connection NoMS23 installed Itl the name of MlseJaid CoId Storage and Electric Connection NoMS22 installed in the name of Mls Hemkunt Cold Storagealleginglthat both these firms have no connection with each other The had earlier sent notices 4 to both these firms to get Electric Connection NoS22 and Electric 1 r4Pl 0 e 1644Ie 91I4WW0 0 14 0 n 9 Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 81 t7 V 7m Reqular Second Apoeal Nom 4380 of 2005 Reqular Second Aooeal Noe 4381 of 2005 Reqular Second Appeal Noe 1799 of 2008 and Reqular Second Appeal Nos 1800 of 2008 ConnectionNoSv23 clubbed but these Orms did not get the connections clubbed despitethe clear instructiOns of the Board It may be mentioned here that joint inspection of Electric m Connection No MS22 and Electric Connection NoS23 was done r by the Director Enforcement PunjabState Electricity Board Bathinda 0 0 and Superintending Engineer Operation Circle Faridkot on t5 2811999 and the report submitted by them reads as underl I ll Subjectla Joint inspectionAlce NoVlS Z 22 8 MSe23 S LS3 by S EIOPeCircle 0 Faridkot and DirectorlEnf Bathinda on dated I 281999 Z There was a joint site inspection of rn subjectcitedpremisesunder Patto Hira Singh e2 subedivne No separationwas found existing Z at site Hence the two connecuons be Om treated as clubbed and chargedon Ls tariff accordinglyThe site sketch is preparedat site as per actuals Il If Electric Connection NoS22 and Electric Connection NoeMS23 are treated as having been instalied in separate unitS Medium SupplyTariff IS chargeable and if these electric connections are treated as clubbed ones LargeSupplyTariff is chargeable The report submitted by the Director Enforcement ne Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 82 1 8e 1 Reciular Second Appeal N 4380 of 2005 RecIular Second Aopeal Noe 4381 of 2005 Reqular Second ApDeal Noe 1799 of 2008 and Reqular Second Appeal No800 of 2008 PunjabState Electricity Board Bathinda and Superintending Engineer Operation Circle Faridkot after having a joint inspection on 2811999 of Electric Connection NoMS22 and a EIectricConnection NoSa23 reproducedabove appears to be a r fair report There was no malice on the part of highlyplaced 0 0 omcersof the Board towards Mls Hemkunt Cold Storageand 0 Mls Jaid Cold Storage which could have prompted them to give a I false report against them This reportofthe higher officers of Z the Board is an authentic one and an impeccablepieceof evidence belyingthe claim of Mlse Hemkunt Cold Storageand Mlse Jaid Cold Storage This report submitted by the Director I Enforcement Punjab State Electricity Board Bathinda and Z SuperintendingEngineer OperationCircle Faridkot after havlng CO a joint inspection on 28 1 1999 of Electric Connection NoS22 7 and Electric Connection NoSe23 in fact IS the clinching factor Z However one cannot Iose sight of the fact that before Qm releasing Electric Connection NoSa22 and Eiectric Connection NoVlS23 some officials 1 omcers of the Board must have inspected the premises of MlsHemkunt Cold Storage and Mlse Jaid Cold Storage and must have helped the partners of these Orms to get the necessary formalities required for the release of electric connections completed by conniving with them partners of these firms The Board is directed to identifythose Officers Of the Board who had connjved with the active partnersof Mls Hemkunt Cold Storageand MlsJaid CoId Storage to initiate eOe e 4 1 e ee4p1ero m Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 83 e 8e 1 7 Reqular Second APPeal Noe 4380 of 2005 Reqular Second APpeal Noe 4381 of 2005 Reqular Second APpeal Noe 1799 of 2008 and Reqular Second ADPeal Noe 1800 of 20080 disciplinary proceedingsagainst them and to punishthem in accordance with the relevant provisions of the service Iaws applicableto the employeesof the Boarde 1 For the aforesaid reasons Regular Second Appeal C NoA380 of 2005 and RegularSecond Appeal No 4381 of 2005 0 0 filed by the Board are allowed and the impugned judgments I 0 and decrees passed by the Iower appellateCourt are set aside I and that of the trial Court are restored RegularSecond Appeal Z No1799 of 2008 filed by Mls Jain Cold Storage and Regular Second Appeal No 1800 of 2008 fiied by Mls Hemkunt Cold Storageare hereby dismissed being without any merit Decree sheets be prepared However there shall be no order as to costs Z The RegistryIS directed to piace a copy of thls judgment in m RegularSecond Appeal No 4381 of 2005 RegularSecond Appeai 7 No 1799 of 2008 and RegularSecond Appeal No 1800 of 2008 Z eacl Il 1 7 e 1 C PAL February I l 1 2011 3UDGE ak 1 yv 1p8 5 SP ll Parkash Om 2012.11.19 13: 59 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document