Theft of Electricity--Mandatory To Disclose Adverse Material To Consumer Before Assessment In Electricity Theft Cases
Assessment of civil liability under Section 135 of the Electricity Act for alleged theft of electricity must comply with principles of natural justice. The assessing authority is bound to confront the consumer with adverse material and grant an opportunity of hearing before passing the assessment order. Supply of adverse material is essential; without it, the opportunity of hearing becomes a mere formality. Civil courts have no jurisdiction over assessment orders under Section 126; appeals lie to the Appellate Authority. For orders under Section 135, remedy lies before the Special Court, not the Appellate Authority or Tribunal. The Special Court must determine civil liability under Section 135 irrespective of whether prosecution has been launched.
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