Court No. - 07 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1659 of 2018 Applicant :- Smt. Saroj Opposite Party :- Alok Kumar Srivastava Deputy General Manager Counsel for Applicant :- Jitendra Prasad Hon'ble Surya Prakash Kesarwani,J.
The applicant has filed Writ-C No.57474 of 2016, which was disposed of by order dated 06.12.2016 as under:
"Heard Sri Jitendra Prasad, learned counsel for the petitioner and Sri N. K. Tiwari, learned counsel for the U.P. Power Corporation Ltd.
The petitioner has preferred the present writ petition under Article 226 of the Constitution of India, assailing the order dated 08.07.2016 passed by the third respondent i.e. Executive Engineer, Electricity Distribution, Khand-II, Mirzapur and has further prayed for commanding the respondent to pay compensation to the petitioner as per the statutory rule (Electricity Rules, 1956) and office memorandum dated 12.06.2008.
According to learned counsel for the petitioner, the the husband of the petitioner died on 30.06.2015 due to electrocution. It is claimed that the husband of the petitioner namely late Mukutdhari Bind came into contact with the insulated open cable installed by the U.P. Power Corporation Ltd. On being touched with the insulated cable the husband of the petitioner was electrocuted and succumbed to injury. It has also been contended that the father-in-law of the petitioner namely Meghk Chandra had reported to the police station regarding the said incident and after his information panchnama was got conducted and the dead body was sent for postmortem. Thereafter the postmortem was conducted and the postmortem report revealed that the husband of the petitioner died because of electrocution. In this backdrop, the petitioner claimed payment of compensation and her claim was turned down by the third respondent i.e. Executive Engineer, Electricity Distribution, Khand-II, Mirzapur and held that the petitioner is not entitled for compensation.
In this backdrop, learned counsel for the petitioner has vehemently contended that the said incident was occurred due to lapse on the part of U.P. Power Corporation Ltd., which is entrusted to maintain its electricity line and as such the petitioner is entitled for payment of compensation under the provisions contained in Rule 29, 30(4), 50(1) and 77(3) of Indian Electricity Rules, 1956. In support of his submission, learned counsel for the petitioner has placed reliance on the judgment passed by this Court in Neetu Devi Vs. State of U.P. & others, reported in 2014 All. C.J. 2459 and as such, it is prayed that suitable directive may be issued to the respondent to consider the claim of the petitioner in light of the judgment passed by the coordinate Bench of this Court in the case of Neetu Devi (supra).
Learned counsel for the respondent has vehemently opposed the writ petition and precisely submits that due to his own fault the husband of the petitioner died and at no point of time there was any negligence on the part of the U.P. Power Corporation Ltd. in maintenance of power connection and no liability can be fasten over the U.P. Power Corporation Ltd. and as such, the entire claim set up by the petitioner is unsustainable in law and liable to be rejected. He further submits that the order impugned has rightly been passed under the present facts and circumstances and no indulgence is required in the matter.
We have occasion to peruse the record and the judgment so cited by this Court in the case of Neetu Devi (Supra) wherein the Division Bench of this Court had proceeded to consider the statutory provisions contained in Indian Electricity Rules, 1956 and also considered the circular dated 19.06.2008 issued by the U.P. Power Corporation Ltd. (Government of U.P. Undertaking) and only thereafter necessary directions were issued for payment of compensation. The relevant part of the judgment is reproduced here under:-
"29. Construction, installation, protection, operation and maintenance of electric supply lines and apparatus-- (1) All electric supply lines and apparatus shall be of sufficient ratings for power, insulation and estimated fault current and of sufficient mechanical strength, for the duty which they may be required to perform under the environmental conditions of installation, and shall be constructed, installed, protected, worked and maintained in such a manner as to ensure safety of [human beings, animals and property.
(2) Save as otherwise provided in these rules, the relevant code of practice of the 3 [Bureau of Indian Standards] 4[including National Electrical Code] if any may be followed to carry out the purposes of this rule and in the event of any inconsistency, the provision of these rules shall prevail.
(3) The material and apparatus used shall conform to the relevant specifications of the [Bureau of Indian Standards] where such specifications have already been laid down.
30. Service lines and apparatus on consumer's premises-- (1) The supplier shall ensure that all electric supply lines, wires, fittings and apparatus belonging to him or under his control, which are on a consumer's premises, are in a safe condition and in all respects fit for supplying energy and the supplier shall take due precautions to avoid danger arising on such premises from such supply lines, wires, fittings and apparatus.
(2) Service-lines placed by the supplier on the premises of a consumer which are underground or which are accessible shall be so insulated and protected by the supplier as to be secured under all ordinary conditions against electrical, mechanical, chemical or other injury to the insulation.
(3) The consumer shall, as far as circumstances permit, take precautions for the safe custody of the equipment on his premises belonging to the supplier.
(4) The consumer shall also ensure that the installation under his control is maintained in a safe condition.
50. Supply and use of energy-- (1) The energy shall not be supplied, transformed, converted or used or continued to be supplied, transformed, converted or used unless provisions as set out below are observed:-
(a) The following controls of requisite capacity to carry and break the current 2[are placed] after the point of commencement of supply as defined in rule 58 so as to be readily accessible and capable of being easily operated to completely isolate the supply to the installation such equipment being in addition to any equipment installed for controlling individual circuits or apparatus: -
(i) a linked switch with fuse(s) or a circuit breaker by low and medium voltage consumers.
(ii) a linked switch with fuse(s) or a circuit breaker by HV consumers having aggregate installed transformer/apparatus capacity up to 1000 KVA to be supplied at voltage upto 11 KV and 2500 KVA at higher-voltages (above 11 KV and not exceeding 33 KV).
(iii) a circuit breaker by HV consumers having an aggregate installed transformer/ apparatus capacity above 1000 KVA and supplied at 11 KV and above 2500 KVA supplied at higher voltages (above 11 KV and not exceeding 33 KV).
(iv) a circuit breaker by EHV consumer;
Provided that where the point of commencement of supply and the consumer apparatus are near each other one linked switch with fuse(s) or circuit breaker near the point of commencement of supply as required by this clause shall be considered sufficient for the purpose of this rule;
(b) In case of every transformer the following shall be provided: -
(i) On primary side for transformers a linked switch with fuse(s) or circuit breaker of adequate capacity:
Provided that the linked switch on the primary side of the transformer may be of such capacity as to carry the full load current and to break only the magnetising current of the transformer:
[Provided further that for transformers--
(A) having a capacity of 5000 KVA and above and installed before the commencement of the Indian Electricity (Amendment-1) Rules, 2000 and
(B) having a capacity of 1000 KVA and above and installed on or after the commencement of the Indian Electricity (Amendment-1) Rules, 2000 a circuit breaker shall be provided.] Provided further that the provision of linked switch on the primary side of the transformer shall not apply to the unit auxiliary transformer of the generator.
(ii) In respect of all transformers installed on or after the commencement of the Indian Electricity (Amendment-1) Rules, 2000, on the secondary side of all transformers transforming HV to EHV, MV or LV a circuit breaker of adequate rating shall be installed:
Provided that for supplier's transformers of capacity upto 630 KVA, a linked switch with fuse or circuit breaker of adequate rating shall be installed on secondary side.]
(c) Except in the case of composite control gear designed as a unit distinct circuit is protected against excess energy by means of suitable cut-out or a circuit breaker of adequate breaking capacity suitably located and, so constructed as to prevent danger from overheating, arcing or scattering of hot metal when it comes into operation and to permit for ready renewal of the fusible metal of the cut-out without danger;
(d) The supply of energy of each motor or a group of motors or other apparatus meant for operating one particular machine is controlled by a suitable linked switch or a circuit breaker or an emergency tripping device with manual reset of requisite capacity placed in such a position as to be adjacent to the motor or a group of motors or other apparatus readily accessible to and easily operated by the person incharge and so connected in the circuit that by its means all supply of energy can be cut off from the motor or group of motors or apparatus from any regulating switch, resistance of other device associated therewith;
(e) All insulating materials are chosen with special regard to the circumstances of its proposed use and their mechanical strength is sufficient for its purpose and so far as is practicable of such a character or so protected as to maintain adequately its insulating property under all working conditions in respect of Temperature and moisture; and
(f) Adequate precautions shall be taken to ensure that no live parts are so exposed as to cause danger."
(2) Where energy is being supplied, transformed, converted or used the [consumer, supplier or the owner] of the concerned installation shall be responsible for the continuous observance of the provisions of sub-rule (1) in respect of his installations.
(3) Every consumer shall use all reasonable mean to ensure that where energy is supplied by a supplier no person other than the supplier shall interfere with the service lines and apparatus placed by the supplier on the premises of the consumer.]"
77. Clearance above ground of the lowest conductor- (1) No conductor of an overhead line, including service lines, erected across a street shall at any part thereof be at a height of less than--
(a) For low and medium voltage lines 5.8 metres
(b) For high voltage lines 6.1 metres
(2) No conductor of an overhead line, including service lines, erected along any street shall at any part thereof be at a height less than--
(a) For low and medium voltage lines 5.5 metres
(b) For high voltage lines 5.8 metres
(3) No conductor of in overhead line including service lines, erected elsewhere than along or across any street shall be at a height less than--
(a) For low, medium and high voltages lines upto and including 11,000 volts, if bare 4.6 metres
(b) For low, medium and high voltage lines upto and including 11,000 volts, if insulated 4.0 metres
(c) For high voltage lines above 11,000 volts 5.2 metres
(4) For extra-high voltage lines the clearance above ground shall not be less than 5.2 metres plus 0.3 metre for every 33,000 volts or part thereof by which the voltage of the line exceeds 33,000 volts.
Provided that the minimum clearance along or across any street shall not be less than 6.1 metres."
5. A plain reading of the aforesaid Rules as well as factual matrix on record, prima facie makes out a case for payment of compensation since electrical line was not maintained in terms of Rules (supra).
6. Rule 29 (supra) makes it mandatory to maintain electricity supply line and its insulation with sufficient mechanical strength. It is because of the failure on the part of the respondents in maintaining the electricity line that the petitioner's husband has succumbed to electrocution.
7. Petitioner's counsel also relied upon a circular dated 19.6.2008 contained in Annexure No.9 to the writ petition. For convenience, the entire office memorandum dated 19.6.2008is reproduced as under:-
** m0 iz0 ikoj dkjiksjs'ku fyfeVsM ¼m0 iz0 ljdkj dk midze½ U.P. POWER CORPORATION LIMITED (Govt. of Uttar Pradesh Undertaking) 'kfDr Hkou foLrkj] 14&v'kksd ekxZ] y[kuÅ&226001 la[;k% 2400 vkS0 l0@2008&19 ¼125½ ,0 ,l0@2001 fnukad% 19 twu] 2008 dk;kZy;&Kki m0iz0 ikoj dkjiksjs'ku fyfeVsM ds =qfViw.kZ fo|qrh; vf/k"Bkiu ds lEidZ esa vkus ls ckgjh O;fDr;ksa dh ?kkrd ,oe~ lk/kkj.k nq?kZVuk ls gqbZ viaxrk ij vuqxzg /kujkf'k vuqeU; fd;s tkus lecU/kh dk;kZy; Kki la[;k&1780&vkSl0 la0&17@ikdkfy@2006&19 ¼125½ ,0 ,l0@2001] fnukad 19-4-06 esa fuEuor~ la'kks/ku rRdky izHkko ls fy;s tkrs gaS%& ¼d½ orZeku esa ?kkrd ekuo fo|qr nq?kZVuk ds QyLi:i vuqeU; ns; vuqxzg /kujkf'k #0 50]000@& ¼#i;k ipkl gtkj½ ds LFkku ij #0 1]00]000@&¼#i;k ,d yk[k½ izfr O;fDr gksxhA ¼[k½ ckgjh O;fDr@O;fDr;ksa dh lk/kkj.k nq?kZVuk eas gqbZ iw.kZ viaxrk dh fLFkfr esa orZeku esa vuqeU;
{kfriwfrZ #0 50]000@&¼#i;s ipkl gtkj½ ls c<+kdj #0 1]00]000@&¼#i;s ,d yk[k½ izfr O;fDr rFkk vkaf'kd viaxrk dh fLFkfr esa #0 1]00]000@&¼ #0 ,d yk[k½ dh /kujkf'k dks vtZu {kerk esa fpfdRlh; izek.k i= ds vk/kkj ij gq, izfr'kr g`kl ds vuqlkj x.kuk dj vuqikfr vuqxzg /kujkf'k vuqeU; dh tk;sxh ftldh vf/kdre lhek #0 ,d yk[k gksxhA ¼x½ i'kqvksa dh ?kkrd nq?kZVuk gsrq vuqeU; vuqxzg /kujkf'k #0 5000@&¼#i;s ikap gtkj½ vuqeU; dh tk;sxhA izR;sd fo|qr nq?kZVuk dh fo|qr lqj{kk funs'kky; vFkok vU; laLFkkuksa }kjk dh xbZ tkaWpksa dks laKku esa ysdj foHkkxh; tkaWp dh tk;s vkSj {kfriwfrZ ds :i esa Hkqxrku dh xbZ /kujkf'k dh olwyh fo|qr nq?kZVuk gsrq mRrjnk;h ¼;fn dksbZ gks rks½ dkfeZd ¼vf/kdkjh@deZpkjh½ ls vuq'kklfud dk;Zokgh ds vfrfjDr dh tk;sA mDr vkns'k fnukad 19-6-2008 vFkok blds mijkUr gksus okyh fo|qr nq?kZVuk ds izdj.k ds lEcU/k esa izHkkoh gksaxsaA v/;{k la[;k% 2400 ¼1½ vkSl&17@ikdkfy@2008&rn~fnukad% izfrfyfi fuEufyf[kr dks lwpukFkZ ,oe~ vko';d dk;Zokgh gsrq izsf"kr %& 1½ leLr izcU/k funs'kd] iwokaZUpy@if'pekapy@e/;kapy@nf{k.kkapy fo|qr forj.k fuxe fyfeVsM@dsLdks] okjk.klh@esjB@y[kuÅ@vkxjk@dkuiqjA 2½ eq[; vfHk;Urk ¼ty&fo|qr½] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 3½ leLr eq[; vfHk;Urk ¼ forj.k ½] m0 iz0 ikoj dkjiksjs'ku fyfeVsM dks bl vk'k; ls fd os vius Lrj ls mDr vkns'k dh izfr vf/kuLFk vf/kdkfj;ksa@bdkbZ;ksa dks miyC/k djk nsaA 4½ leLr mi egkizcU/kd] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 5½ leLr vf/k'kklh vfHk;Urk] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 6½ egkizcU/kd] ys[kk ,oe~ lEizs{kk] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 7½ mi egkizcU/kd] ¼ys[kk½] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 8½ leLr ojf"B dkfeZd vf/kdkjh@dkfeZd vf/kdkjh] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 9½ vuqlfpo] dkfeZd foRr uhfr] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 10½ dkjiksjs'ku ¼eq0½] 'kfDr Hkou ds leLr vf/kdkjh@vuqHkkx@f'kfojA 11½ dEiuh lfpo] m0 iz0 ikoj dkjiksjs'ku fyfeVsMA 12½ dV Qkby@i=koyh la[;k&8&,e@92 A vkKk ls] viBuh;
¼v'kksd dqekj½ mi egkizcU/kd ¼vkS0 la0½**
8. A plain reading of the aforesaid office memo of U.P. Power Corporation Limited shows that the sufferer shall be entitled to Rs.1,00,000/- as a measure of immediate compensatory payment. Why respondent U.P. Power Corporation Limited has failed to discharge its statutory obligation is not borne out from the record. Otherwise also, the amount of Rs.1,00,000/- is too meagre in the event of death on account of electrocution.
Office memorandum (supra) grants non-statutory immediate relief. Courts may provide compensation in view of actual damage caused, which may be much higher than it (supra).
9. Rule 29 of the Indian Electricity Rules, 1956 (supra), provides that all electricity supply line and apparatus shall contain sufficient safeguard and insulation to check such incident. There appears to be no room of doubt that in case respondents would have taken necessary steps in pursuance of statutory duty, then incident would not have happened and petitioner's husband aged about 26 years of life, would not have suffered with untimely death. Thus, it appears that on account of negligence on the part of U.P. Power Corporation Limited, vis-a-vis respondent No.6, the incident occurred and petitioner's husband died because of electrocution.
10. While submitting reply to the present writ petition, it has been submitted by the respondents that under Section 161 of Indian Electricity Act, 2003, the Directorate Electrical Supply has been assigned duty for inquiry of such incident. According to report of the Director, Electricity Safety, Farrukhabad, 80 kilo volt ampier was given to the Industrial Training Institute, Farrukhabad campus by the Dakshinanchal Vidyut Vitran, Limited Fatehgarh, Farrukhabad on low transmission line. It has also been stated that the maintenance of electricity after the energy meter was the sole responsibility of Industrial Training Institute, Farrukhabad. One Ram Naresh Instructor Machine, Industrial Training Institute, Farrukhabad is allotted residential house in the campus where he lives along with family members. At the relevant time, he was posted at ITI, Allahabad. Being close friend of Ram Naresh, Sri Amrendra Singh was staying in his house. According to the report, when Amrendra Singh was going to take bath, he came into contact with broken cable at the stairs of the bathroom. In consequence thereof, he was electrocuted. A finding has been recorded by the inquiry officer that the electricity maintenance of the house was not in accordance with Rules 29, 30 (4), 50 (1), 77 (3) of the Indian Electricity Rules, 1956. A finding has been further recorded that it was sheer negligence on the part of the Principal, ITI, Farrukhabad with defective installation of electricity line. The Director Electrical Safety, submitted report on 30.9.2009 and also furnished a copy thereof to the petitioner informing her to contact the Principal ITI, Farrukhabad for payment of compensation. Thus, the respondent No.5, U.P. Power Corporation Limited avoided responsibility to pay compensation in spite of the fact that a finding has been recorded with regard to negligence in maintenance of power connection."
Consequently, in the facts and circumstances and relying the judgment passed in the case of Neetu Devi (Supra) we are of the considered opinion that the order impugned has been passed in most cursory manner without looking into Indian Electricity Rules, 1956 and also without looking the circular dated 19.06.2008 and as such the order impugned cannot sustained and it is, accordingly, set aside. We direct the second respondent i.e. Deputy General Manager, U.P. Power Corporation Ltd., Shakti Bhawan, Lucknow, to look into the grievance of the petitioner and take appropriate decision strictly in accordance with law which hold the field and decide the claim of the petitioner in light of the judgment passed by this Court in the case of Neetu Devi (Supra).
With the aforesaid direction, the writ petition stands disposed of. "
It has been stated by the applicant that a certified copy of the aforequoted order of the writ court was sent to the opposite party by registered post on 10.01.2017 which has been received by the opposite party on 13.01.2017 as per information given by the Superintendent of Post Office, Mirzapur Division, Mirzapur by letter dated 17.07.2017.
Prima facie, it appears that the opposite party has deliberately disobeyed the order of the writ court and thus rendered himself liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Issue notice to the opposite party returnable at an early date. Steps be taken within a week by registered post.
List before the appropriate court on 15.05.2018.
Before the next date fixed, the opposite party shall shall comply with the aforesaid order passed by the writ court and shall file an affidavit of compliance or shall show cause, failing which he shall remain personally present.
Order Date :- 30.03.2018
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