Punjab-Haryana High Court
Punjab State Power Corporation Limited ... vs Gurinderjit Singh And Anr on 5 April, 2024
Neutral Citation No:=2024:PHHC:046608
Neutral Citation No.2024:PHHC::046608
CWP-5818-2017(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
206 CWP-5818-2017(O&M)
Date of decision: 05.04.2024
Punjab State Power Corporation Limites & ors. ...Petitioners
Versus
Gurinderjit Singh & anr. ...Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present : Ms. Anupama Bhanot, Advocate,
for the petitioners.
Mr. Kuldeep Singh, Advocate,
for respondent No.1.
VINOD S. BHARDWAJ, J. (Oral)
Challenge in the present petition is to the impugned order dated
11.04.2016 (Annexure P-2) passed by Sub Divisional Officer (Civil),
Hoshiarpur, exercising powers of the Tribunal in proceedings under Section
135 of Electricity Act 2003.
Learned counsel for the petitioners contends that respondent
No.1 has got installed electricity connection No.H26MD530443L in his
shop. The same was inspected by officials of the petitioner-licensee and
found that respondent No.1 joined wires with LT from the said meter and
operated one BHP motor for the cutter to cut the bamboos. He was also
found operating a submersible motor. He was, thus, accused of committing
theft of electricity for which case FIR No.62 dated 26.01.2015 was
registered against him. An assessment under Section 135 (1-A) of the
Electricity Act was conveyed to the petitioners, which was challenged by
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instituting the proceedings before the Sub Divisional Officer (Civil),
Hoshiarpur, exercising powers of the Tribunal. She argues that the
proceedings in question were instituted on 19th March, 2015 and the order
was passed by the Sub Divisional Officer (Civil), Hoshiarpur, exercising the
powers of the Tribunal whereas the Government of Punjab has already
issued notification bearing Memo No.14/16/04-2JUDL91, dated
03.12.2008, as per which the powers of the Special Court could only be
exercised by the Additional Sessions Judge. She contends that
determination of a civil liability could thus only be undertaken by the
Special Court under Section 154 of the Electricity Act.
Learned counsel for respondent No.1, however, contends that
the respondent-consumer faced the proceedings in the FIR that had been
registered against him and that the Special Court has already passed a
judgment of acquittal on 04.05.2018.
Be that as it may, the benefits which may enure in favour of the
respondent-consumer by virtue of the judgment passed by the Special Court,
Hoshiarpur, and that the said judgment of acquittal does not in any manner
validate an order passed by an authority which was not competent to
adjudicate in the matter arising out of the power in relation to proceedings
under Section 135 of the Electricity Act. The order of the Sub Divisional
Officer (Civil), Hoshiarpur, was thus without jurisdiction as notification
conferring the jurisdiction in the matters relating to Section 135 of the
Electricity Act has already been conferred upon the Additional Sessions
Judge in the year 2008.
The present petition is, accordingly, allowed. The impugned
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order dated 11.04.2016 is, accordingly, set aside. Setting aside of the said
order shall, however, have no bearing on the rights of the
respondent/consumer which may have accrued in his favour in the
meanwhile.
05.04.2024 (VINOD S. BHARDWAJ)
monika JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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