M.P. ELECTRICITY BOARD, JABALPUR AND ORS. versus HARSH WOOD PRODUCTS AND ANR.

Citation: [1996] SUPP. 1 S.C.R. 574 · Decided: 18-04-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
M.P. ELECTRICITY BOARD, JABALPUR AND ORS. 
v. 
HARSH WOOD PRODUCTS AND ANR. 
APRIL 18, 1996 
B 
[K. RAMASW.\MY AND G.B. PATTANAIK, JJ.J 
E/ectlicity Laws : 
Indian Elecllicity Act, 1910/Elecllicity (Supply) Act, 1948 : Ss.24, 
C 
31 ( e )/49, 7'}-Elecllicit;-Pilferage-Detected by vigilance inspectio11-FIR 
lodged-Order passed directing to pay the differc11ce of the amount-High 
Court holding that since no opportunity 1vas given, the order was 
void-De111a11d quaslzed-Held, action take11 by the Elec(licity Board not 
violative of the P1i11ciples of 11at11ral justice nor violative of A1tic/es 20( I) and 
14 of the Co11stitution-Notice for disconnection-Not i;ecesswy.in case of 
D demand after detectio11 of pilferage-Pri11ciples of Natural Justice-Ad-
ministrative Law-A1ticles 14 and 20(1j-Constitutio11 of I11dia. 
E 
F 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7798 of 
1996. 
From the Judgment and Order dated 12.3.93 of the Madhya Pradesh 
High Court in M.P. Ne 1484 of 1991. 
G.L. Sanghi, Vivek Gambhir and S.K. Gambhir for the Appellants. 
Niraj Shrama for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
We have heard learned counsel on both sides. This appeal by special 
G leave arises from the Judgment and order dated March 12, 1993 passed by 
the Division Bench of the High Court of Madhya Pradesh, Gwalior Bench 
in M.P. No 1484/91. The admitted position is that on August 21, 1991, the 
appellants' staff inspected the electrical installation of the respondents 
connected by the appellant-Board. In the proceedings recorded after the 
H said inspection, the facts noted are as und_er : 
574 
16.3.91 
M.P. ELECT BD. v. HARSH WOOD PRDTS. 
575 
"During the course of inspection, Shri Dilip was present as the A 
representative of M/s. Harsh Wood Products, Hanmore and found 
the following irregularities. Connection No. 1156 (2556) -
1. No Seal found on Meter terminal cover. 
2. Body seals of the meter, hearing No. 490812 (Right side) and B 
01443 (Left Side) found tematampered. 
3. The seals on Meter Box, bearing No. 38556/SE Morena, C-
10/MPEB Gwalior, found OK. 
Connection No. 1158 (2824) 
(1) No seal found with Meter terminal cover. 
(2) Meter Body seals. bearing No. 49817 (Right Side) & 013361 
(Left Side) found broken and Tampered. 
(3) Seal on meter box bearing No. 33434/SE Morena C- 10/MPEB 
Gwalior found OK. 
In both the above connection, the difference was noticed, in 
serial No. and the location of the seals provided on Meter Body. 
c 
D 
The serial No. and the location of the meter body seals, as found E 
in the inspection carried out on dated 16.3.91, are found different 
in the checking carried out on dated 22.8.91. The difference 
noticed in serial No. & location in checking is as hereunder : 
Connection No. 2556 
Connection No. 2824 
Seal fixed 
Right Side 490817 
013343 
F 
Left Side 490812 
013361 
28.8.91 
Right Side 490812 
49817 
Report as 
Left Side 013343 
013361 
Meler No. 
0530489 
545768 
This panchnama has been prepared in view of Meter Body seals 
found Tampered and Meter terminal seals found missing so as to 
interfere and control the energy consumption as per his own desire. 
G 
Maintaining "Status Quo" of the tampered and broken body H 
A 
B 
c 
576 
SUPREME COURT REPORTS (1996] SUPP. 1 S.C.R. 
seals of Meter of Both the above connection, New Seels are fixed 
on the meter box bearing No. M1919 MPEB/MT on Connection 
No. 2556 and No. M1920 MPEB/MT on connection No. 2824. The 
old seals provided on the meter box are in custody with the 
Executive Engineer (0 & M) Morena. 
Sid- 22.8.91 
Sid- 22.8.91 
Sd/- 22.8.91 
EE (0 & M) 
S.E. (Testing) 
A.E. (DIW) 
Morena 
Gwalior 
Morena 
Sd/- 22.8.91 
Sd/- 22.8.91 
Sd/- 22.8.91 
A.E. 132 KV 
A.E. (Testing) 
Dilip 
Sis Hanmore 
Morena 
(Representtative of 
Consumer)". 
In the said proceedings, one Mr. Dilip had represented the respon-
dent-industry and he was also the signatory to the proceedings. Thereafter, 
notice was issued to the respondents on August 26, 1991 informing that the 
D meter body seals were tampered and damage with seal wire. The seals of 
the meter terminal block were found missing which would indicate that the 
function of the meter was disturbed to reduce the consumption of electrical 
oncrgy. Therefore, the respondent-Industry was directed to pay the dif-
ference of the assessed amount said to be in a sum of Rs. 6,51,256.61 at 
E 
F 
the earliest. It was also pointed out that bill for the furth
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