HARYANA STATE ELECTRICITY BOARD vs GIANI RAM

THIS appeal has been filed by the Haryana State Electricity Board against the order dated 28th of September, 1994 passed by the learned District Forum, Karnal, whereby the complaint of one Giani Ram has been allowed and the penalty of Rs. 4,000/- imposed upon him by the H.S.E.B. has been set-aside.

ACCORDING to the learned Counsel for the appellant, during the checking made by the Junior Engineer of the H.S.E.B., the complainant was found to be using an unauthorised extension of load to the tune of 5 BHP. Since load sanctioned to the complainant was of 5 BHP and not 10 BHP, penalty of Rs. 4000/- was imposed. On the other hand, from a perusal of the detailed order passed by the learned District Forum it is clear, that at the time of the checking made by the appellant''s officials, neither the complainant nor his representative was associated with the checking and the same was done behind the back of the complainant. Neither a prior notice nor intimation had been given to the complainant nor was he summoned for being associated at the time of the checking. Therefore, the learned District Forum has rightly declined to place any reliance on this type of checking and the action taken on the basis thereof. Consequently, the imposition of penalty of Rs. 4000/- has rightly been set-aside by the learned District Forum, and we do not find any cogent ground to interfere in the same. The appeal is accordingly dismissed with no order as to costs. Appeal dismissed.