429 9 Reqular Second Appeal No4380 of 2005 Reqular Second Appeal Non 4381 of 2005 Reqular Second Apoeal Non 1799 of 2008 and Reqular Second Appeal Noe 1800 of 2008 Mlsn Hemkunt Cold Storage Appellant VERSUS 1 4 Punjab State Electricity Board and another Respondents 0 Ca I C5 CORAM HONBLE MRJUSTICE MOHINDER PAL I 1e Whether Reporters of Local papers may be allowed to see Z the judgment 7 2 To be referred to the Reporters or not7 3e Whether the judgmentshould be reportedin the Digest 7 I Presentl Mr Sukhbir Singh Advocate for the PunjabState ElectricityBoard appellantin RegularSecond Appeals NosA380 and Z 4381 of 2005 and respondentIll RegularSecond AppealNos1799 and 1780 of 2008 m 7 MreSeK Singla Advocate Z for MlsJaid Cold Storage appellant in ReguIarSecond AppealNo 1799 of 2008 and respondentin RegularSecond AppealNoA381 of 2005 and for Mls Hemkunt Cold Storage appellantIn RegularSecondAppealN01800 of 2008 and respondentin RegularSecond AppeaiNoA380 of 2005 MOHINDER PAL J This judgment wili dispose of the aforestated four appeais as the questioninvolved therein is common i e whether Electric Connection NoS22 and Electric Connection Nov23 are to be treated as clubbed or not KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 430 3 1 Reqular Second Appeal No380 of 2005 Reqular Second Appeal Noe 4381 of 2005 Reqular Second Apoeal Non 1799 of 2008 and Reqular Second Apoeal No 1800 of 2008 PunjabState ElectricityBoard short the Boardl which has filed RegularSecond Appeais NosA380 and 4381 of 2005 has claimed that both these electric connections have to be 1 treated as clubbed connections whereas in RegularSecond Appeals C Nos 1799 and 1800 of 2008 filed by Mls Jaid Cold Storage and 0 0 MlseHemkunt Cold Storage respectively the claim made is that I C5 these two electric connections are separate Units RegularSecond Appeal NoA380 of 2005 has been filed Z by the Board against the judgment and decree passedby the Iower appellateCourt whereby the judgment and decree passed by the trial Court dismissingthe suit filed by MlsHemkunt Cold I Storage plaintiff thereinl was set aside and the su it filed by Z MlsHemkunt Cold Storage concerningthe electricity chargesIll m respectof Electric Connection NoMS22 was decreed mno RegularSecond Appeal NoA381 of 2005 has been filed Z by the Board against the judgment and decree passedby the Iower appellateCourt whereby the judgment and decree passed by the trial Courtdismissingthe suit filed by MlsJaid Cold Storage plaintiff thereinJ was set aside and the suit filed by Mlsaid Cold Storage concerning the electricity charges Ill respect of EIectric Connection NoS23 was decreed RegularSecond Appeal No 1799 of 2008 has been filed by Mls Jaid Cold Storage against the judgments and decrees passedby both the Courts below where the suit filed by Mlsaid Cold Storage concerning the electricity charges in respect of KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 431 4 Vp Reaular Second APoeal Noa 4380 of 2005 Reqular Second Aooeal No381 of 2005 Reclular Second Appeal Noe 1799 of 2008 and Reclular Second Aooeal Noe 1800 of 2008 Electric Connection NoSe23 was dismissed RegularSecond Appeal No 1800 of 2008 has been filed by Mls Hemkunt Cold Storageagainstthe judgmentsand decrees 1 passed by both the Cou rts below where the su it filed by MlsHemkunt Cold Storage concerningthe electricity charges in 0 0 respectof Electric Connection NoMS22 was dismissed I C5 I have heard Mr Sukhbir Singh Advocate appearingfor I the PunjabState ElectricityBoard appeliant in RegularSecond Z AppealsNosA380 and 4381 of 2005 and respondentin Regular Second AppealNos1799 and 1780 of 2008 and Mr SK Singla 0 Advocate appearing for Mls Jaid Cold Storage appellant in I RegularSecond AppealNo 1799 of 2008 and respondentin Regular Z Second AppealNo4381 of 2005 and for Mls Hemkunt Cold m Storage appellantin RegularSecond AppealNo1800 of 2008 and W2 respondentItl RegularSecond AppealNoA380 of 2005 and have Z gone through the 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 premisesto avoid higher tariff In order to make the provision of clubbing the new connection in the same premises the Board had issued Commercial Circular No78195 vide Memorandum No918601926101SMI08 dated 15091995 which for facilityof reference IS reproducedas belowl 11 Subjectl Runn ing of more than one KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document r 432 ee5 4 Reqular Second Apoeal Noe 4380 of 2005 Reqular Second APpeal Noe 4381 of 2005 Reclular Second Aopeal No799 of 2008 and Reqular Second Aopeal No800 of 2008 connection in the same premises SMI2680 It has been observed and experienced that existing instructions 1 contained Itl SMI268 are not being meticulouslyfollowed and new connecons 0 C43 in the sarne premisesare beinggiven Such C5 violations of the instructions are being I pointedout repeatedlyby Accounts Audit as Z well as Technical Audit Avoidance of higher voltageIevel su pply has been pointed out by the audit as a result of giving more I than one connection in the same premises Z Instances have also been noticed where r more than one connection has been given Ill m the same premisesto avoid highertariff Also Z instructions issued Vide CC No32190 dated Qm 1260 for avoiding circumvention of the instructions have not been very usefu1 in curbing the tendency for a new connection in a premises carved out of the existing one or by purchasing an adjoining Iand In order to make the provision of clubbing and new connection in the same premises errorproof it has been decided as underl KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 433 4m 11 Reqular Second Aopeal No1380 of 2005 Reclular Second Appeal No1381 of 2005 Reqular Second Appeal No799 of 2008 and Reqular Second Appeal Noe 1800 of 20080 Where any person whether or not a member of the family partner director etc applies for a new connection in 1 the same premises this should be allowed oniyif 0 0 a there IS physicalseparation I C5 and I to9 aiso where the premises Z In question are Iegally transferred sold or Ieased to be the new unit and appropriate Ct entry exists in the municipalrecord regarding I such transfer This implies that there Z should be a registereddeed for Iease or m sale and formal agreement of family 7 partitionlIease etc should not be accepted Z ii XX Xx XX Qw The firms in question i e Mls Jaid Cold Storage and Mls Hemkunt Cold Storage disputed the eiectricity bills sent by the Board on the basis of LargeSupplyTariff after clubbingIoad of Electric Connection NoMSe23 installed in the name of Mlsaid Cold Storageand Electric Connection NoS22 installed in the name of Mls Hemkunt Cold Storagealleging that both these firms have no connection with each other The Board had earlier sent notices to both these firms to get Electric Connection No MS22 and Electric KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 434 m Vl Reclular Second Appeal Noa 4380 of 2005 Reqular Second Appeal Noe 4381 of 20050 Reqular Second Apoeal Noe 1799 of 2008 and Reqular Second Appeal Noe 1800 of 2008 Connection NoS3 clubbed but these firms did not get the connections clubbed despitethe clear instructions of the Board It may be mentioned here that joint inspection of Electric 1 Connection NoMSm22 and Electric Connection NoSe23 was done by the Director Enforcement PunjabState ElectricityBoard Bathinda 0 0 and Superintending Engineer Operation Circle Faridkot on I C5 28 1999 and the report submitted by them reads as under1 I Il Subject Joint inspectionAlc NoS Z 22 8 MS23 8 LSe3 by SElOp Circle Faridkot and DirectorlEnf Bathinda on dated 2811999 Z There was a joint site inspection of m subjectcited premisesunder Patto Hira Singh 7 subdivn No separationwas found existing Z at site Hence the two connections be 0 treated as clubbed and chargedon LS tariff accordinglyThe site sketch is preparedat site as per actuals Il If Electric Connection NoS22 and Electric Connection NoMS23 are treated as having been instailed 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 KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 435 w8 Reqular Second Appeal Noe 4380 of 2005 Reqular Second Appeal Noe 4381 of 2005 Reqular Second Aopeal No799 of 2008 and RecIular Second Appeal Noe 1800 of 2008 PunjabState Electricity Board Bathinda and Superintending Engineer OperationCircle Faridkot after having a joint inspection on 281999 of Electric Connection NoMS22 and r Electric Connection NoMS23 reproducedabove appears to be a fair report There was no malice on the part of highlyplaced 0 0 officers of the Board towards Mls Hernkunt Cold Storage and I C5 Mls Jaid Cold Storagewhich could have promptedthem to give a I false report against them This report of the higher officers of Z the Board is an authentic one and an impeccable piece of evidence belying the claim of Mls Hemkunt Cold Storageand Mls Jaid Coid Storage This report submitted by the Director I Enforcement Punjab State Electricity Board Bathinda and t Z SuperintendingEngineer OperationCircIe Faridkot after having m a joint inspection on 2811999 of Electric Connection NoSa22 7 and Electric Connection NoSe23 in fact IS the clinching factor Z However one cannot Iose sight of the fact that before Om releasing Electric Connection NoS22 a nd EIectric Con nection NoMSe23 some officials 1 officers of the Board must have inspected the premises of MlsHemkunt Cold Storageand Mls Jaid Cold Storage and must have helped the partners of these firms to get the necessary formalities required for the release of electric connec8ons completed by con niving with them partners of these firms The Board iS directed to identify those officers of the Board who had connived with the active partnersof MlsHemkunt Cold Storage and Mls Jaid Cold Storage to initiate KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 436 4e 9P Reqular Second Apoeal No380 of 2005 Reclular Second Apoeal Noa 4381 of 2005 Reaular Second Appeal Noe 1799 of 2008 and Reqular Second Appeal Noe 1800 of 20080 disciplinary proceedings against them and to punishthem irl accordance with the relevant provisions of the service Iaws applicableto the employeesof the Board 1 For the aforesaid reasons Regular Second Appeal NoA380 of 2005 and RegularSecond Appeal No 4381 of 2005 0 0 filed by the Board are aIlowed and the im pugned j udgments I t5 and decrees passed by the Iower appellateCourt are set aside and that of the trial Court are restored RegularSecond Appeal Z No 1799 of 2008 filed by Mls Jain Cold Storage and Regular Second Appeal No 1800 of 2008 filed by Mls Hemkunt Cold 0 Storageare hereby dismissed being without any merit Decree I sheets be prepared However there shall be no order as to costs Z The Registry IS directed to place a copy of this judgment ill QO RegularSecond Appeal No 4381 of 2005 RegularSecond Appeal 2 No 1799 of 2008 and RegularSecond Appeal No 1800 of 2008 Z each C PALO February I7 2011 JUDGE 1 ak 1 YV 008 1 1 KUMAR SURESH SHAM LAL 2012.07.18 15: 05 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document