Sujata Agarwal vs Jharkhand State Electricity Board and Others

Amareshwar Sahay, J.—Heard.

The grievance of the petitioner is that without any prior notice to the petitioner, the respondents have illegally converted the electric connection of the petitioner at his residential premises from domestic category to commercial category and thereby have raised the bills as contained in Annexure-6 to the writ application on the basis of an inspection report which was not supplied to the petitioner.

In the case of Bihar State Electricity Board and Others Vs. Sri Bir Ispat, it has been held that the rules of natural justice are applicable to the administrative decision also unless expressly or by necessary implication they are excluded. It has been further held in the aforesaid decision that prior to raising of the bills, in respect of the report, it is encumbent upon the Board to supply a copy of the same as well as the fresh bill to the petitioner and then the notice should have been issued prior to raising of such a bill.

The present case is fully covered by the said decision.

Accordingly, this application is allowed. The Bill as contained in annexure-6 is hereby quashed. Since the Inspection report has already been annexed as Annexure-A to the counter-affidavit which has been served on the learned counsel for the petitioner, therefore, it will be deemed that the Inspection Report has already been served on the petitioner and a notice to that effect has also been given to him. The petitioner may file objection, to the said Inspection Report if any, within a period of two weeks from today. If any objection is filed by the petitioner, the Board may consider the said objection and pass an appropriate order in that regard within a period of four weeks thereafter. It is made clear that it no objection is filed within the period specified, the Board is at liberty to raise a fresh Bill in accordance with the Inspection Report.