IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17507 of 2008 M/s Time Food Product Limited, Baxi Maidan, Near Patna Saheb Railway Station, Patna-9, through its Director Rajendra Prasad Sah, son of Late Ganga Prasad, resident of Chouk, P.O. Begumpur, P.S. Chouk, District-Patna ……………….. Petitioner Versus 1. Bihar State Electricity Board, Vidyut Bhavan, Bailey Road, Patna through its Chairman 2. The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking, Mangles Road, Patna 3. The Electrical Superintending Engineer, Patna Electric Supply Undertaking (East) Shivalaya Market, Ashok Rajpath, Patna 4. The Electrical Executive Engineer, Supply, Patna City, Patna 5. The Assistant Electrical Engineer, Supply, Patna City, Patna 6. The Assistant Electrical Engineer, Supply, Katra, Patna City, Patna ……………… Respondents ----------- For the petitioner: Mr. Suraj Samdarshi, Advocate For the Board: Mr. Vinay Kirti Singh, Advocate. ----------- 2. 19.02.2009 Heard learned counsels for the parties. The petitioner has come to this Court for quashing the punitive bill dated 18.11.2008 amounting to Rs. 15,36,575/- on the ground that it is illegal and arbitrary. The contention of learned counsel for the petitioner is that on the basis of MRI reading taken on 1.11.2008 when certain deficiencies had been noted by the supplier of the electrical meter, namely, M/s. Secure Meters Ltd., an inspection was made on 6.11.2008 in the premises of the petitioner, which although stated as being a meter reading, is, as a matter of fact, an inspection report since the Electrical Executive Engineer and the Assistant Electrical Engineer had also come and the signature of the consumer apart from the said officials was also taken on the said report and no tampering was found with the meter or with the seal of the meter, the details of - 2 - which have been recorded in the said report. Subsequently it is alleged by the petitioner that on 18.11.2008 another group of officials of the Board came, two of whom were the same as on 6.11.2008 and again made an inspection. It is submitted that in course of the inspection they did not follow the procedure laid down under the Bihar Electricity Supply Code, 2007 and they have dismantled and taken away the meter and on the basis of their report that they have found the same to be tampered, a criminal case has been instituted and thereafter a punitive bill of the same date has also been subsequently served upon the petitioner for Rs. 15,36,575/-. The grievance of the petitioner is that the officials of the Board have acted in a most high-handed manner and by dismantling and carrying away the meter made almost impossible for its proper testing by third party with the consent of the consumer- petitioner as is the requirement of para 8.14 of the Supply Code. It is further submitted that on account of the said high-handedness of the officials of the Board the unit of the petitioner has closed down due to non-supply of electricity. Learned counsel for the Electricity Board, on the other hand, defends the action of the officials of the Board relying upon the MRI report dated 1.11.2008 taken by M/s. Secure Meters Limited. However, learned counsel was unable to satisfy the Court regarding the lack of tampering found just five days after the said MRI report by the team of Electrical Executive Engineer and the Assistant Electrical Engineer. - 3 - Since issues of facts are involved which can only be considered by the Trial Court and an FIR has already been lodged in the matter, it will not be possible for this Court to go into the details of the matter. Under Section 154(5) of the Electricity Act, the special Court is also authorized to finally decide the civil liability of the parties if it finds that theft has been committed. In the facts and circumstances of the case, the writ application is disposed of with a direction that if the petitioner deposits an amount of Rs. 3.5 lacs in two equal instalments, the first to be paid on or before 27th February, 2009 and the second by 27th March 2009 and produces the receipt before the authorities of the Board regarding the payment of the first instalment then its electrical connection shall be restored within 48 hours. It is made clear that the said payment shall be subject to what is finally decided by the Special Court under Section 154 of the Act. Any further payment, under the punitive bill dated 18.11.2008 shall be subject to the decision of the Trial Court. S.Pandey (Ramesh Kumar Datta, J.)