Case Note & Summary
The case involved a dispute regarding the disconnection of electricity supply to the respondents by the West Bengal State Electricity Board, which was alleged to have been done improperly. The respondents challenged the provisional assessment of Rs.2,50,046/- for alleged theft of electricity and tampering with the meter, leading to the disconnection of supply. The Calcutta High Court initially directed the restoration of supply upon deposit of Rs.20,000/-. The appellants contended that the disconnection was justified under Regulation 5.2.1 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulation 2004. However, the Division Bench of the High Court found that the proper procedure was not followed, emphasizing the writ petitioner's right to file objections under Section 126 of the Electricity Act, 2003, and to appeal under Section 127. The court ruled that the disconnection was in breach of regulations and imposed a cost of Rs.25,000/- on the appellants. The Supreme Court, upon appeal, noted that the final assessment had been made prior to the High Court's order and that the respondents had not filed a timely appeal against it. The court allowed the appeal to be disposed of according to law, without influencing the appellate authority's decision on the merits, and set aside the direction for costs. The interim order for restoration of supply was to continue until the appeal was resolved. The court did not express any opinion on the merits of the case.
Headnote
A) Electricity Law - Disconnection of Supply - Procedural Breach - Electricity Act, 2003, Section 126 - The court found that the disconnection of electricity supply was not conducted in accordance with the prescribed procedure, violating the rights of the writ petitioner to file objections and appeal. The Division Bench held that the appellants must follow due process and compensate the petitioner for the wrongful disconnection (Paras 2-5).
Issue of Consideration
Whether the disconnection of electricity supply was justified and whether the proper procedure was followed.
Final Decision
The Supreme Court dismissed the appeal, allowing the matter to be disposed of according to law without influencing the appellate authority's decision. The direction for costs was set aside, and the interim order for restoration of supply was to continue until the appeal was resolved.
Law Points
- Electricity supply
- disconnection procedure
- provisional assessment
- right to appeal
- compensation for wrongful disconnection
