ACCOUNTS OFFICER, OFFICER OF THE TELECOM DIVISIONAL ENGINEER vs SECRETARY, SONITPUR ZILA GRAHAK SURAKHA SAMITY

HEARD Mr. K.N. Choudhury, learned Advocate for the appellant assisted by Mr. B.C. Das, learned Advocate and Mr. A. Goswami, learned Advocate for the respondent.

THIS appeal has been filed against the judgment dated 12.8.1994 passed by the District Forum, Sonitpur at Tezpur in C.P. Case No. 26/93. By impugned judgment the District Forum awarded some compensation and also directed that the revised bill be prepared on the basis of average bills. The period is from 16.4.1993 to 15.6.1993. The law has been settled by the following decisions : (i) I (1991) CPJ 48 (NC), The District Manager, Telephones & Ors. v. Niti Saran; (ii) II (1991) CPJ 286 (NC), Telecom District Manager, Patna v. M/s. Kalyanpur Cement Ltd., wherein it has been held that the Court or the Tribunal does not have the power to give a direction to the authority to prepare the revised bill on the basis of average bills. Accordingly, that part of the direction given by the District Forum is to be quashed. Once that is quashed the compensation awarded also must fall through. In that view of the matter this appeal is allowed and the judgment mentioned above shall stand quashed. But before we part with the record we feel that this matter require consideration at the hand of the authority inasmuch as we have found that for this period of two months the amount of bill is exhorbitantly high. So, the department shall scrutinise the matter and shall furnish the bill which may not be exhorbitantly high. This shall be done within a period of one month from the date of receipt of this order. This disposes of the appeal. Appeal disposed of.