Challenge is against Ext.P15 order passed by the 3rd respondent in exercise of power vested under Section 127 of the Kerala Electricity Act, 2003. Pursuant to the incriminating circumstances, in the course of site inspection as per Ext.P10 dated 07.03.2014, penalty was imposed upon the petitioners, which was finalsied as per Ext.P13. The petitioners satisfied 50% of the due amount as borne by Ext.P14 and availed statutory appeal. The appeal came to be dismissed by the 3rd respondent as per Ext.P15 dated 26.11.2014, which in turn is under challenge.
2. Heard the learned standing counsel appearing for the respondents as well.
3. After hearing both the sides this Court finds that the power vested with the 3rd respondent to act as the Appellate Authority in terms of Section 127 of the Electricity Act, came to be taken away by virtue of the ruling rendered by a Division Bench of this Court as per the judgment in WP(C) No.11906/2009 dated 07.07.2014 in Muhammed Haji V. Kerala State Electricity Board (2014 (3) KLT 706). It was held by the Division Bench that the appellate authority to be constituted by the State Government has to be an authority who is WP(c). No.34796 of 2014 2 not connected in any way with the affairs of the respondent Board or the licensee. Pursuant to this, a proper authority has been constituted by the Government by issuing necessary gazette notification on 15.10.2014.
4. In the said circumstances, this Court finds that Ext.P15 order passed by the 3rd respondent on 26.11.2014, is beyond his power, jurisdiction and competence. Accordingly, Ext.P15 is set aside and the 3rd respondent is directed to transmit the file containing the appeal preferred by the petitioners to the competent authority within 'two weeks' from the date of receipt of a copy of this judgment. On receipt of the proceedings, the competent authority shall consider and pass final orders in the appeal, in accordance with law, after hearing the parties concerned. It shall be done as expeditiously as possible.
'Status quo' shall be maintained till such time. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps.
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P.R. RAMACHANDRA MENON, JUDGE.
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