IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14672 of 2008 M/S DINA IRON & STEEL LTD., ABDUL RAHMANPUR ROAD, DIDARGANJ, P.S. MALSALAMI, PATNA CITY, DISTRICT PATNA THROUGH ITS DIECTOR, SANJAY KUMAR BHARATIYA, SON OF LATE DIN DAYAL BHARATIYA, RESIDENT OF AT, P.O. AND P.S. CHOUK, PATNA CITY, DISTRICT PATNA. … PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN OFFICIATING AT VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE DIRECTOR GENERAL OF VIGILANCE, BIHAR STATE ELECTRICITY BOARD, PATNA. 3. THE GENERAL MANAGER CUM CHIEF ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING, MANGLES ROAD, PATNA. 4. THE ELECTRICAL EXECUTIVE ENGINEER, SUPPLY, PATNA CITY, PATNA. 5. THE DEPUTY SUPERINTENDENT OF POLICE (VIGILANCE), BIHAR STATE ELECTRICITY BOIARD, PATNA. 6. THE ELECTRICAL EXECUTIVE ENGINEER, VIGILANCE, BIHAR STATE ELECTRICITY BOARD, PATNA. 7. THE INSPECTOR, VIGILANCE, BIHAR STATE ELECTRICITY BOARD, PATNA. 8. CENTRAL POWER RESEARCH INSTITUTE, SWITCH GEAR TESTING & DEVELOPMENT STATION, GOVINDPURA, BHOPAL, THROUGH ITS CHIEF EXECUTIVE OFFICER. … RESPONDENTS. For the Petitioner : Mr. Suraj Samdarshi, Advocate For the Board: Mr. Vinay Kirti Singh, Advocate. ----------- 3. 03.12.2010. Heard learned counsel for the petitioner and the Bihar State Electricity Board (hereinafter referred to as the Board). 2. Counsel for the Board has filed counter affidavit on behalf of Respondent Nos.1, 3, and 4 which is taken on record. Petitioner is aggrieved by the Meter Testing Report dated 17.8.2008, Annexure-3 on the ground that while 2 conducting the test petitioner or his representative was not invited to be present, as is required under Clause 8.13 of the Bihar Electricity Supply Code 2007 (hereinafter referred to as the Code). It is submitted on behalf of the petitioner that in terms of the provisions of the Electricity Act, 2003(hereinafter referred to as the Act) and the Code framed thereunder consumer may also request the licensee i.e. the Board to send the meter for testing at a laboratory of the choice of the consumer the writ petitioner. It is submitted that petitioner shall be satisfied if the meter of the petitioner which was installed in its premises on 6.4.2008 is referred to Meter Testing Organization of the choice of the petitioner and the assessment proceeding be taken up in the light of the report received from the laboratory of the choice of the petitioner. It appears that the premises of the petitioner was inspected on 27.6.2008 by the authorities of the Board together with the authorities of Vigilance Cell of the Board and the meter installed in the premises of the petitioner was found intact so far outer seal(s) of the meter is concerned, but the welding plate of the meter was found fixed only on two out of the total six points on each side of the meter. The inspection 3 report is dated 27.6.2008 and is contained in Annexure-2 to this application. It is submitted on behalf of the petitioner that in the light of the findings recorded in the inspection report the findings recorded in the Meter Testing Report, Annexure-3 does not appear to be correct and petitioner is requesting for getting the meter tested by a Testing Organization of his choice. 3. Counsel for the Board also does not oppose the prayer of the petitioner that the meter be sent to a Meter Testing Organization of the choice of the petitioner as the earlier test has been made at the instance of the Vigilance Cell of the Board without information to the Board i.e. the licensee or the consumer i.e. the petitioner as is required under Clause 8.13 of the Code. 4. Having heard counsel for the parties, I direct that the meter installed in the premises of the petitioner on 6.4.2008 and seized on 27.6.2008 be sent to a Meter testing Organization of the choice of the petitioner for which the petitioner should request the Chief Engineer Commercial alongwith a copy of this order within two weeks of the receipt of the copy of this order. Having received the request of the petitioner the Chief Engineer Commercial shall take 4 possession of the meter in question from the Vigilance Cell of Board and send the meter to a testing organization of the choice of the petitioner. The testing cost should be borne to the petitioner. After receipt of the report from the Testing Organization the assessment proceeding shall proceed in accordance with law with liberty to the petitioner to submit his objection. Ibrar/- ( V. N. Sinha, J.)