Authority: Calcutta High Court

Order Date: 15 July 2026

Case Overview

  • Petitioners: Sefaur Rahman, Sefaur Rahaman & Anr., son of the late Sadek Sk. and wife of the late Sakirul Sk., who allegedly died from electrocution while crossing a paddy field where a submersible pump was operating.
  • Respondent: West Bengal State Electricity Distribution Company Ltd (WBSEDCL).
  • Prior proceedings: A criminal complaint was lodged against Sahajamal Sk. and Bano Sk. for operating the pump with a naked wire. WPA 22322 of 2025 alleged police inaction; it was disposed on 1 Dec 2025 after a chargesheet was filed. Petitioners then sought compensation from WBSEDCL. The Additional CE and Zonal Manager, Burdwan Zone, rejected the claim by orders dated 26 Feb 2026 and 25 Mar 2026.
  • Petitioners contended that the orders were passed without a hearing, without furnishing the enquiry report of the Permanent Enquiry Committee, Birbhum region, violating Section 161 of the Electricity Act, 2003.
  • WBSEDCL argued that the orders were procedural, that the service line between the main switch and the meter is owned and maintained by the consumer per Regulation 7.2 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013, and that a hearing opportunity had been provided.

Final Outcome

  • The Court held the 26 Feb 2026 order to have no effect and set aside the 25 Mar 2026 order.
  • It directed that a senior authority (the Chairman of WBSEDCL or an officer of equal or higher rank) rehear the petitioners’ representation afresh.
  • WBSEDCL must furnish a copy of the enquiry report to the petitioners within one week; the petitioners have one week from receipt to file any exception.
  • Upon receipt of any exception, WBSEDCL must grant a hearing to the petitioners and the recorded consumer (identified as Abdul Halim), consider all material, and pass a reasoned order within four weeks.
  • The reasoned order must be communicated to both the petitioners and the recorded consumer within a further week.
  • The writ petition (WPA 14421 of 2026) is disposed of; no order as to costs.

Topics: Compensation, Electricity Safety, Judicial Review