Petitioner is challenging the finalisation of assessment of penalty made under Section 126 of the Electricity Act, 2003. Eventhough an effective statutory remedy is provided under Section 127, this court is inclined to entertain this writ petition on the basis of the legal contention raised, which stand covered in favour of the petitioner through rulings of this court.
2. It is evident from the provisional bill as well as from the final order of assessment and the demand issued therewith, that the penalty was imposed on two counts. First one is the penalty imposed on the allegation of unauthorised additional load used in the premises. Secondly the penalty is imposed alleging unauthorised extension to two other premises. Contention of the petitioner is that, computation of penalty with respect to unauthorised W.P.(c) No. 14049/2014 -2-
extension, adopting LT VIII tariff (present LT III tariff) which is the tariff applicable to authorised temporary extensions, cannot be sustained.
3. Issue now stands covered by the rulings of this court in J.D.T Islam Orphanage Committee V. Assistant Engineer, KSEB (2007 (3) KLT 388) and Jomy Thomas Manjooran V. KSEB (2013 (1) KLT 595). It is held in the above cited decisions that even if unauthorised extension is detected, penalty cannot be levied at the tariff applicable to temporary authorised extensions. In such cases penalty has to be imposed at two times of the fixed charges on the total unauthorised additional load and on the energy charges for the proportionate recorded consumption on the unauthorised additional load, after giving credit to the amounts already paid, for a total period of one year.
4. Under the above mentioned circumstances, this writ petition is allowed and Ext.P1 is hereby quashed. The 2nd respondent is directed to issue revised order of final
observations contained herein above.
5. A revised order and demand shall be issued to the petitioner within 2 weeks from the date of receipt of a copy of this judgment. Needless to observe that collection and recovery of penalty can be effected only based on the revised demand.
6. It is left open to the petitioner to invoke statutory remedy of appeal if he is aggrieved in any manner against the finalisation of the penalty as directed as above. It is also left open to the petitioner to approach the competent authority seeking regularisation of the additional unauthorised load.
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C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge