J.M.D. ALLOYS LTD. versus BIHAR STATE ELECTRICITY BOARD AND ORS.

J.M.D. ALLOYS LTD. versus BIHAR STATE ELECTRICITY BOARD AND ORS.

The dispute concerning tampering of the CT/PT unit seal is not one which is to be referred to the Electrical Inspector under Section 26(6) of the Electricity Act, 1910. The assessment done on the basis of 180 days, in absence of evidence for any other period, is justified under the tariff. Assessment for fuel...

Source-derived case information.

Parties
Appellant: J.M.D. Alloys Ltd.; Respondent: Bihar State Electricity Board
Jurisdiction
India
Judgment Date
06 March 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Division Bench of Patna High Court
Outcome
Appeals dismissed
Legal Topics
Theft of Electricity, Assessment Under Tariff, Judicial Review Under Article 226, Jurisdiction of Electrical Inspector, Fuel Surcharge Levy
Electricity Law Constitutional Law Administrative Law Theft of Electricity Assessment Under Tariff Judicial Review Under Article 226 Jurisdiction of Electrical Inspector Fuel Surcharge Levy

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Parties

J.M.D. Alloys Ltd.

Appellant

Bihar State Electricity Board

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Division Bench of Patna High Court

Legal Issues

  1. 1 Whether the dispute regarding tampering of the seal of the CT/PT unit falls within the scope of Section 26(6) of the Electricity Act, 1910.
  2. 2 Whether the assessment of dishonest abstraction of energy for 180 days without evidence is justified.
  3. 3 Whether the levy of fuel surcharge at thrice the rate per unit is permissible under the tariff.

Ratio Decidendi

The dispute concerning tampering of the CT/PT unit seal is not one which is to be referred to the Electrical Inspector under Section 26(6) of the Electricity Act, 1910. The assessment done on the basis of 180 days, in absence of evidence for any other period, is justified under the tariff. Assessment for fuel surcharge must be done in accordance with Clause 16.10.3 and not at thrice the rate per unit; thus, the fuel surcharge cannot be enhanced threefold as claimed by the Electricity Board. Judicial review under Article 226 is limited to reviewing the decision-making process and not the merits of the Chief Engineer's findings.

Court Disposition

Appeals dismissed

Orders

  • Both Civil Appeal No. 8394 of 2002 and Civil Appeal No. 8395 of 2002 are dismissed.
  • No costs awarded.