| Citation(s) |
|---|
| 2019 SLG 121 2019 SLD 121 2019 PLJ 15 |
Lahore High Court
W.P. No. 21999 of 2017, decision & hearing Dated: 05.03.2018.
SHAMS MEHMOOD MIRZA, JUSTICE
Petitioner(s) by: Malik Asad, Advocate
W.P. No. 21999 of 2017, decision & hearing Dated: 05.03.2018.
SHAMS MEHMOOD MIRZA, JUSTICE
Petitioner(s) by: Malik Asad, Advocate
SDO (OPERATION) FESCO, RURAL SUB-DIVISION, KAMALIA
VS
NEPRA AND 2 OTHERS
Law: Electricity Act, 1910
Section: 26,38
Law: Constitution of Pakistan, 1973
Section: 199
Law: Consumer Service Manual
Section: 9.1(c),9(c)(3)
Electricity Act, 1910-- ----Ss. 26 & 38--Consumer Service Manual, 2010, Cls. 9.1(c) & 9(c)(3)--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Meter tempering--Detection Bill--Challenged before Electric inspector--Revised detection bill--Appeal--Dismissed--Concurrent findings--Constitutional Jurisdiction--Electric Inspector rightly passed decision as petitioner did not adhere to substantive provisions of Consumer Service Manual 2010 in establishing theft of electricity and for issuance of detection bill--Appellate Board of NEPRA also upheld decision of Electric Inspector--Concurrent findings of facts recorded by both Fora cannot disturbed by this Court in exercise of its constitutional jurisdiction particularly when findings rendered or in consonance with provisions of Consumer Service Manual 2010--Submission made by learned counsel for petitioner that order of Electric Inspector was a nullity having been rendered after a delay of 90 days in terms of Section 26 of Electricity Act, 1910 has no force--Petition dismissed. THIS ORDER PASSED BY: SHAMS MEHMOOD MIRZA, JUSTICE---.--- This writ petition seeks to challenge order dated 2.09.2016 passed by the Electric Inspector as well as order dated 27.02.2017 passed by National Electric & Power Regulatory Authority (NEPRA). 2. Facts of the case in brief are that Respondent No. 3 was served with a detection bill on account of meter tempering and was charged for 77551 units for the period starting from June, 2012 to November 2014. The detection bill was challenged by Respondent No. 3 before the Electric Inspector who vide order dated 02.09.2016 declared the detection bill to be null and void and directed the petitioner to serve a revised detection bill for 11849 units for six months starting from June, 2014 to November, 2014. The petitioner filed appeal before the appellate Board of NEPRA which appeal was also dismissed on 27.02.2017, hence this writ petition. 3. Learned counsel for the petitioner stated that M&T Laboratory through its report dated 10.12.2014 found the electricity meter to be tempered with and recommended recovery of revenue loss from Respondent No. 3 and as such the…
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