CWP No.5817 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5817 of 2009 (O&M) Date of Decision: 02.02.2011 **** Punjab State Electricity Board . . . . Petitioner VS. Commissioner (Appeals), Patiala & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Sukhbir Singh, Advocate for the petitioner Ms. Monica Chibber Sharma, DAG Punjab Mr. Puneet Jindal, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). Since one of the issue required to be decided by the Divisional Commissioner, Patiala-cum-Appellate Authority pertained as to whether or not the application/appeal before the Chief Electrical Inspector was maintainable under Section 26(6) of the Electricity Act, 1910 in terms of the Division Bench judgement dated November 15, 2007 passed in CWP No.20672 of 2006 and which has not been expressly answered vide the impugned order dated 17.07.2008 (Annexure P5) and as agreed to by learned counsel for the parties also, the said CWP No.5817 of 2009.doc - 2 – order dated 17.07.2008 (Annexure P5) is hereby set aside and the matter is remitted to the Appellate Authority with a direction to decide the appeal afresh with specific reference to the above-mentioned issue, as early as possible and preferably within three months from the date of receipt of a certified copy of this order. (2). The appellate authority shall hear both the parties in accordance with the principles of natural justice before passing an appropriate order. (3). Ordered accordingly. Dasti. 02.02.2011 vishal shonkar (S u r y a K a n t) Judge