' The petitioners have involvement as accused in a criminal case under section 39-A, Electricity Act, read with sections 379/186, P.P.C., registered on 18-2-1993, at P.S. Jatoi, District Muzaffargarh. The S.D.O. WAPDA had gone to the police station, but the S.H.O. Was not there, and he therefore made a complaint in writing to the Ilaqa Magistrate who ordered the police to proceed in accordance with law, whereupon Aman Ullah, A.S.I. Drafted a complaint, on the basis whereof formal F.I.R. Was drawn up. Through this writ petition the accused have made a prayer for quashment of the case.
2. Submission is that there has been bitterness and litigation between the WAPDA people and the petitioners, over several years, and the former have always been on the lookout to involve the applicants in criminal cases and to burden them with dues for supply of the energy that they have never consumed. In as back as 1986, a dispute about giving wrong billing arose between Fazal Hussain (petitioner No,1) and WAPDA and Fazal Hussain had filed a civil suit, challenging his liability to the tune of Rs,19,940. Similar was the situation in 1989, when again WAPDA Authorities were sued by Fazal Hussain. A civil revision (379-D of 1990), preferred by petitioner No,1, is also said to be pending in this Court. Thus there is long-standing animosity between these consumers and the WAPDA people.
3. Conversely, however, it may be said that the petitioners are such crafty and clever people that they have always managed to evade their liability by involving WAPDA Authorities in litigation, right up to the High Court. One of them, Ghulam Hussain real brother of Nazar Hussain, petitioner No,2 herein, had also hit upon the same device, on involvement in a similar case registered vide F.I.R.
No,45 of 1989 at P.S. Jatoi. I have the positive impression that petitioners and not WAPDA Authorities are the people who have always been out to abuse the process of law, with a view to defeat the demands for payment of dues.
4. In the present case, the petitioners maintain that the premises where the flour mill is in operation belong to one Shafiq Ahmad, who is running the mill himself and the same is not on lease with them. Process-server's report however is that Shafiq Ahmad is abroad in Abu Dhabi. It would follow that he is neither putting up, nor carrying on his business, in the disputed premises. WAPDA Authorities have not to ask people to show to them their title documents or business contracts and are not supposed to make a probe into their genesis or about their genuineness, in the manner of a civil Court. One who lives at a particular place, or is having some commercial or industrial enterprise over there, has to be charged and made to part with the dues outstanding. I am certain, the plea taken up by the petitioners in that regard is incorrect as also dishonest, and it is Fazal Hussain and his family members who are engaged in business of grain-grinding at the site in question and he has the liability to make payment of the charges, bills for which are sent to him monthly or periodically by WAPDA.
5. It would be wrong to say that from the contents of the F.I.R. No case is made out. The petitioners were found not only committing theft of energy, they had also indulged in gangsterism and caused obstruction in the performance of their functions by the WAPDA employees. They had even abused, insulted and assaulted him. At least these were the allegations; and it was open to the accused to associate themselves with the process of investigation, falsify the prosecution version and establish their innocence in the matter. It is again inaptly being maintained that there is no other alternative or efficacious remedy available to the petitioners. They have themselves, twice in the years 1986 and 1989, filed civil suits; and they can also approach the Electricity Inspector, who is in fact the only authority who can adjudge such disputes. The writ petition in wholly misconceived and is also incompetent. It is hereby dismissed with costs of Rs,2,000, to be deposited in the account of WAPDA, alongwith the electricity dues which the consumer must pay, if he does not opt to pursue his remedy before the Inspector Electricity.
6. The office is ordered to put up Revision Petition No, 379-D of 1990 during the next week. The same finds mention in the present writ petition.
7. Before parting with this judgment, I must take note of another important fact. According to the official who has today represented respondent No,1, the S.D.O. WAPDA Jatoi has not been coming to the office and has been absent continuously since 5-12-93, otherwise he (the S.D.O.) was supposed to have attended the Court in person, as was the direction. I am aware.Of this sad state of affairs, which is a national malady. Officers of certain departments pay a casual visit to their offices once a week and some of them take pride in proclaiming that they go to office only once in a month for signing their salary bills only, for receiving amounts of TA. Etc., spent on fictitious touring, of for collection of their 'commission' from contractors. A copy of this order shall be communicated to the Area Chairman, WAPDA, Multan, (who shall also be intimated by office telephonically), for proceeding against the officer, if indeed, he has been absent from duty without leave. Action taken shall also be conveyed to this Court, by 15-1-94.