The court ordered the matter be referred to wapda Chairman, who will constitute a committee of three engineers of relevant field.
his committee will go through the assessment of charges by evaluating electricity consumed by the petitioner keeping in view the conditions mentioned in Section 26(A) of the Electricity Act 1910 and submit their report within two months to the Wapda Chairman, said the order.
The Wapda Chairman Wapda will finally decide the matter.
According to the facts, Abdul Sattar was running flour mill in Mirpurkhas on energy supply by Wapda system. Joint team of Wapda compressing Circle Manger M&T, XEN, SDO and Test Inspector carried inspection of transformer on October 19, 2002 and reported that the consumer was stealing electricity by which he was issued deduction bill of Rs 2,000,172.
The mill owner deposited the deducted amount on October 21 2002 out of fear of disconnection of power. However, he also filed complaint with the Wafaqi Mohatasib (Ombudsman), who passed order on February 12, 2004, declaring the deduction bill as unjustified, which was already deposited by the consumer, and ordered it to be adjusted in future bills of applicant.
The order was assailed by the Wapda under Article 32 of the President's Order of 1983.
The President, after hearing the parties, set aside recommendations of the Wafaqi Mohatasib dated February 12, 2004 by his order dated October 1, 2004.
The SHC bench, after hearing the advocates of both sides, declared the President order illegal and without lawful authority, observing in these circumstances the Ombudsman was required to issue recommendations in respect of controversy relating the theft of electricity but he did not do so.
The SHC observed that the Supreme Court in Colony Textile Mill Vs Wapda case about deduction bill ordered to refer the matter to the Wapda Chairman for assessment of charges of electric theft through a committee of engineers and petitioner counsel also requested for the same. Advocate Jhamat Jhethanad represented the petitioner while Javed Bukhari for the Wapda.