SURESH CHANDRA SHARMA versus CHAIRMAN, UPSEB AND ORS.

Citation: [1998] 1 S.C.R. 93 · Decided: 13-01-1998 · Supreme Court of India · Bench: J.S. VERMA, S.C. AGRAWAL, S.P. BHARUCHA
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Judgment (excerpt)

SURESH CHANDRA SHARMA 
A 
v. 
CHAIRMAN, UPSEB AND ORS. 
JANUARY 13, 1998 
[J.S. VERMA, CJ!., S.C. AGRAWAL AND S.P. BHARUCHA, JJ.] 
B 
Electricity : 
Electricity-Theft by consumers-Writ petition in public interest-
Appointment of High Power Committee investigate into areas enumerated in C 
the order-Committee also to recommend reparatory measures and submit its 
report within six months-Public Interest Litigation-Constitution of lndia-
Article 32. 
ORIGINAL JURISDICTION: Writ Petition (C) No. 79of1997. 
D 
(Under Article 32 of the Constitution of India.) 
Gopal Subramaniam, (AC), R.D. Upadhyay, Madan Sharma and K.R. 
Ajit M. Singh, the Petitioner. 
N.M. Ghatate, Pradeep Misra, Ms. Niti Dixit, T. Mahipal and R.B. E 
Mishra for the Respondents. 
The following Order of the Cou.rt was delivered : 
This present Public Interest Petition contains five areas which need to F 
be investigated by a High Powered Committee:-
I. 
Large scale theft of electricity by consumers of all categories (in 
particular, HY I and HV2) with or without connivance of officials of the 
Electricity Board and ways and means to dater it (together with extent of 
responsibility in cases of theft where no connivance is proved.) 
G 
2. 
An instrumentation system for metering supply of electricity with 
·-...:' 
appropriate checks and balances through computerised software so that theft 
of the electricity is minimised and proper recordings are always available. 
3. 
Energy Auditing and, in particular, proper systems of Auditing and H 
93 
94 
SUPREME COURT REPORTS 
[1998] 1 S.C.R. 
A metering electricity which is generated and supplied throughout the stage 
irrespective of the sector of area to which it is supplied. 
4. 
Political and high level interference in the independent functioning 
of the Board and accountability. 
B 
5. 
Loss of coal wagons purported to be in transit of the Uttar Pradesh 
State Electricity Board (UPSEB) including ways and means to deter it -
accounting and responsibility. 
After hearing learned counsel for the State, the UPSEB and the Amicus 
C Curiae, we are satisfied that at this stage an order as indicated hereafter is 
required to be made. Accordingly, we order as under: 
We appoint a High Powered Committee consisting of the following 
persons for the purpose of dealing with the above areas and also with the 
allegations contained in the Writ Petition and the various supplementary 
D affidavits. 
E 
I. 
Mr. S. Venkatnarayanan (!AS) retd. formerly Chairman, National 
Power Finance Corporation. 
2. 
Mr. Prakash Singh formerly Director General of Police (UP) and 
former Director General, BSF. 
3.· 
Mr. R.N.Srivastava, Chainnan, Central Electricity Authority 
4. 
Dr. EAS Sarma (!AS) Secretry, Ministry of Power, Government of 
F 
India. 
5. 
An expert auditor to be no1hinated by the Comptroller and Auditor 
General oflndia. 
Mr. B.B. Sharma, fonnerly, Member-Secretary, UPSEB is requested to 
G function as the Secretary of the High Powered Committee. 
We direct the High Powered Committee, as appointed above, to enquire 
into the allegations and to identify those who are· responsible for such 
defaults. The Committee will also make recommendations in respect of monetary 
H recoveries to be made due to stolen energy or otherwise. The Committee 
/ , 
S.C. SHARMA v. CHAIRMAN, UPSEB 
95 
likewise will also go into the question of loss of coal wagons and all enquiry A 
reports which have been conducted in relation thereto would be made available 
to the High Powered Committee by the Central Government, State Government 
and the Public Sector Undertakings concerned. The Committee shall identify 
those responsible in the event of loss or unauthorised diversion of coal 
wagons proved. As far as designing of an instrumentation system as well as B 
the energy auditing system is concerned the UPSEB and the Department of 
Power, State Government of UP are directed to supply all necessary and 
material papers to the Committee on request from the Committee. 
The Government of UP, the UPSEB and the Central Government, the 
Central Electricity Authority and the various agencies of the State Government 
shall render all assistance as and when required by the Committee. The 
Committee shall exercise all powers required for proper discovery of relevant 
facts in relation to the above matters. The High Powered Committee would 
be at liberty to summon parties and record their statements and receive such 
evidence as is necessary for the purpose of com
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