IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18210 of 2007 Date of Decision: 16.12.2008 Kehar Singh ..Petitioner versus Punjab State Electricity Board and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Maninder Arora, Advocate for the petitioner Mr. H.S.Mattewal, Advocate General, Punjab with Ms. Madhu Dayal, Addl. A.G. Punjab for respondent No.2 Mr. P.S.Brar, Advocate for respondents No.1 and 3 ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to take effective steps to recover an outstanding amount of Rs.176 Crores due against various government departments of the State of Punjab towards electricity charges. The petitioner's case appears to be that because of non-payment of outstanding electricity charges by the State Government and its CWP No. 18210 of 2007 [2] departments, the electricity board is starved of funds, affecting its work, efficiency and discharge of statutory functions under the provisions of the Electricity Act. In response to a notice issued by this Court, respondents No.1 and 3 have filed a counter affidavit, in which, it is, inter-alia, stated that the said respondents are pressing the departments concerned hard for payment of the arrears, despite which the payments have not been made. Strict action against the defaulting departments has not, however, been taken by way of disconnection of supply as most of the departments provide essential services like public health, irrigation, Police, water supply etc. The affidavit denies the allegation about the increase in the electricity rates due to delay in the payment of the dues by the departments concerned. From the statements enclosed with the affidavit, it is evident that as on 30.05.2008, the amount outstanding against the government and its departments was to the tune of Rs. 5922.28 lacs. An affidavit has been filed even by Amrit Lal Garg, Additional Secretary, Government of Punjab, Department of Power, according to which, the Finance Department has not allocated any separate budget for electricity and water except general allocation for office expenses in the annual budget. The affidavit further states that as per the latest available information, the amount payable to Punjab State Electricity Board towards electricity charges stands as Rs. 6303.86 lac as on 31.7.2008 and that the Department of Power is regularly pursuing the matter with the concerned departments and Finance Department relating to the release of funds for payment of the said dues. When this matter came up before us on 15.12.2008, we had directed the Chairman of the respondent-Board to be present in person CWP No. 18210 of 2007 [3] alongwith the relevant record to explain as to how the Board proposes to recover the arrears of electricity charges amounting to nearly Rs. 600 Crores from different government agencies. The Chairman is pursuant to the said direction present with Mr. Mattewal, learned Advocate General who submits that amount recoverable from the State Government and its Department is not Rs. 600 Crores as mentioned in our order dated 15.12.2008 but is only Rs. 66.17 Crores as on 30.10.2008. Mr. Mattewal further submits that while there is no doubt that there is some delay in payment of the said amount, yet the matter has been taken at the highest level and the government have decided to provide requisite funds to the departments concerned by 31.01.2009 enabling them to pay the arrears towards the electricity charges. He submits that this writ petition could be disposed of with a direction to the Government to clear all the outstanding arrears payable to the Board and the latter to take action only if the needful is not done. That submission in our opinion should sufficiently allay the apprehension expressed by the petitioner that continued non-payment of the arrears, would affect the work of the Board and consequently the rate structure applicable to the general public. In the circumstances and keeping in view the submission made by Mr. Mattewal, we dispose of this writ petition with a direction that the arrears as indicated in the statement enclosed with the affidavit filed by the Board and as disclosed by Mr. Mattewal at the bar amounting to Rs. 66.17 Crores due as on 30.10.2008, shall be cleared by the State Government expeditiously but not later than 31.03.2009. We further direct that in case the needful is not done, the respondent-Board shall take immediate action by way of disconnection of CWP No. 18210 of 2007 [4] the electricity supply to all such government departments and agencies, as have not paid the arrears within the time given. The writ petition is disposed of with the above directions. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 16.12.2008 'ravinder'