Chandan Kumar Mahato vs Cesc Limited And Another
2022 Latest Caselaw 7390 Cal

7th November,
 2022
 (AK)
 10

                                    W.P.A 4657 of 2021

                                 Chandan Kumar Mahato
                                           Vs.
                                CESC Limited and another


                             Mr. Bidyut Kr. Halder
                             Mr. Indranil Halder
                                                        ...for the petitioner.

                             Mr. Om Narayan Rai
                                                    ...for the CESC Limited.


                     Learned counsel for the petitioner contends that, on

                the ground of pilferage, the electricity connection of the

                petitioner was severed.

                     Subsequently, the petitioner suffered a criminal

                proceeding   which     was   ultimately dropped    and   the

                petitioner acquitted on August 18, 2015.

                     Placing reliance on the said judgment of the criminal

                court, learned counsel for the petitioner argues that in

                view of the acquittal of the petitioner on the same charge,

                the provisional order of assessment raised against the

                petitioner ought to be set aside automatically and the

                Distribution Licensee should be directed to restore the

                electricity connection of the petitioner.

                     Learned counsel appearing for the respondent

authorities submits that it is now well-settled that

sections 126 and 127 of the Electricity Act, 2003 on the

one hand and Sections 135 and 154 on the other, operate

in separate spheres.

While the former speak about criminal liability and

the rigours applied are those of a criminal case, the

standard of proof being beyond reasonable doubt, the test

in the latter proceedings is whether there is

preponderance of probability in favour of the allegation.

That apart, it is pointed out by learned counsel for

the CESC Limited that the criminal court, in its

judgment, did not acquit the petitioner upon clearly

observing that the petitioner was not guilty on merits but

had observed that the prosecution had failed to

corroborate the evidences and to prove the case beyond

all reasonable doubt, for which the benefit of doubt was

given to the petitioner.

It cannot be said that, per se, such acquittal would

lead to the inevitable conclusion that the petitioner is not

liable for the assessments made provisionally and

thereafter finally, under Section 126 of the 2003 Act.

That apart, it is seen that the acquittal order of the

petitioner was passed as long back as on August 18, 2015

but the petitioner waited till the year 2021, that is, for

several years, prior to preferring the present writ petition.

Since no appeal has been preferred under Section

127 of the 2003 Act against the final order of assessment,

the present challenge does not lie in the eye of law.

As such, WPA 4657 of 2021 is dismissed without

any order as to costs.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)