2006 PLP 2612 (YLR)
WAPDA through Chairman, and 5 others — Petitioners Versus MUHAMMAD AMIR MALIK and 2 others — Respondents
| Citation | 2006 PLP 2612 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sheikh Azmat Saeed, J |
| Parties | WAPDA through Chairman, and 5 others — Petitioners Versus MUHAMMAD AMIR MALIK and 2 others — Respondents |
| Primary Law | Electricity Act (IX of 1910) |
Q1: What are the key laws and sections cited in 2006 PLP 2612 (YLR)?
This judgment primarily cites: Electricity Act (IX of 1910) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2612 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sheikh Azmat Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2612 (YLR) (WAPDA through Chairman, and 5 others — Petitioners Versus MUHAMMAD AMIR MALIK and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeed Ahmad Bhatti for Petitioners.
- Hafeez-ur-Rehman and Malik Asif for Respondents.
Headnotes / Summary
Ss.24(2) & 26(6)
Jurisdiction of Electric Inspector
Scope
Under provisions-of S.26(6) of Electricity Act, 1910, after lapse of statutory period of 90 days, it was Provincial Government which alone was vested with authority to decide the matter
Electric Inspector, in circumstances, had become functus officio
Impugned orders of Electric Inspector and that of Advisory Board, were set aside and matter was referred to Provincial Government for decision in accordance with law.
Judgment & Decree
SHEIKH AZMAT SAEED, J.
This Constitutional petition assails the validity of orders dated 30-9-2003 and 8-1-2005 purported to have been passed by respondents 2 and 3 respectively.
2. Precisely, the facts of the case are that respondent No.1 an industrial consumer is running a gas factory at Bund Road Lahore. On 3-1-2003 the Standing Committee of WAPDA/LESCO is stated to have inspected the metering equipment installed at the premises of respondent No.1 and detected certain discrepancies, vis- -vis, slowness of the meter to the extent of 33.33%. Thus, on 27-1-2003, Show-Cause Notice was issued to the consumer followed by detection bill for the months of October and November, 2002. It appears that consumer invoked the jurisdiction of the Electric Inspector to the Government of Punjab on 12-4-2003 in terms of sections 26(6) and 24(2) of the Electricity Act, 1910. Petitioners appeared and filed written reply supplementing the detected slowness. Anyway, the Electric Inspector declared the detection bill as illegal vides order dated 30-9-2003. Petitioners challenged the same in appeal before the Advisory Board Punjab on the ground that Electric Inspector had no jurisdiction to initiate proceedings after expiry of mandatory period of 90 days as contemplated by section 26(6) of the Electricity Act, as admittedly, the consumer had filed application before him on 12-4-2003, which was decided by him after lapse of statutory period of 90 days, thus, proceedings before respondent No.2 were Coram non judice and void ab initio. It is alleged that while adjudicating upon appeal, respondent No.3 in terms of order dated 8-1-2005 unjustifiably modified the decision of respondent No.2 dated 30-9-2003 which on the face of it was void ab initio and Coram non judice.
3. A careful analysis of section 26(6) of the Electricity Act. 1910 makes it abundantly clear that after the lapse of statutory period of 90 days, it is the Provincial Government which alone was vested with authority to decide the matter. In the instant case, the Electric Inspector had become functus officio. Hence, the orders of the Electric Inspector and that of the Advisory Board, impugner herein, are set aside, and the matter is referred to the Provincial Government for decision in accordance with law. Parties shall be at liberty to raise legal and factual objections and the Provincial Government shall resolve the issue expeditiously and strictly in accordance with law. H.B.T./W-17/L Order accordingly.