Electricity pilferage permits immediate disconnection without prior notice when tampering is detected under supply conditions.

Where tampering, pilferage or theft of electricity is detected, the Board may disconnect supply forthwith under the applicable tariff and supply conditions framed under the Electricity (Supply) Act, 1948. Section 24 of the Indian Electricity Act, 1910, which requires seven days' notice for disconnection for non-payment of ordinary dues, does not apply to detected pilferage. An inspection recorded in the presence of the consumer's representative, together with tampered meters, was sufficient to support a prima facie finding of pilferage, and no further hearing was required before disconnection or assessment. The resulting demand and disconnection were held not illegal and not contrary to Articles 14 or 20(1) or natural justice.

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Issues: Whether, on detection of tampering and pilferage of electricity, the Board was required to give prior hearing or notice before disconnecting supply and raising the assessment, and whether the action was vitiated by violation of Articles 20(1) and 14 of the Constitution of India and principles of natural justice.

Analysis: The tariff and supply conditions framed under Section 49 read with Section 79 of the Electricity (Supply) Act, 1948 authorised the Board to disconnect supply forthwith where malpractice, tampering, or theft of electrical energy was detected. The material on record showed that the inspection proceedings were recorded in the presence of the consumer's representative and that the meters were found tampered with, leading to a prima facie conclusion of pilferage. Section 24 of the Indian Electricity Act, 1910, which requires seven days' notice for disconnection in cases of non-payment of ordinary electricity dues, was held inapplicable to a case of detected pilferage. In these circumstances, no further hearing was necessary before taking action.

Conclusion: The demand and disconnection were not illegal, and the action taken by the Board was not in violation of Articles 20(1) and 14 of the Constitution of India or the principles of natural justice.

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