DWARKA PRASAD, J. - (1.)This appeal has been filed against the order passed by a learned single Judge of this Court dated Nov. 24, 1971 (reported in AIR 1972 Raj 143) dismissing the Writ petition filed by the Rajasthan State Electricity Board, Jaipur (hereinafter referred to as the Board').
(2.)The only question, which was canvassed before us in this special appeal was as to whether the dispute between the Board and Govind Singh Mehta, Proprietor, Chitra Cinema, Jodhpur (hereinafter called as 'the consumer') could lawfully be referred to the Electrical Inspector. The Board has challenged the validity of the award given by the Electrical Inspector and the order passed by the State Government in appeal and has urged that the award and the appellate order of the State Government are nullity in the eye of law because the dispute between the consumer and the Board could not have been referred to the Electrical Inspector for determination.
(3.)It appears that the Board with the concurrence of the Government of Rajasthan brought into force the revised tariff for the supply of electric energy to its consumers by notification dt. Mar. 18, 1964. Even after the introduction of the new tariff the Board continued to charge the consumers at the old rates until June 1966. In the month of July 1966, the Board decided to charge the consumers according to the revised tariff at the rate of 29 paise per unit for the consumption recorded for both light as well as for power consumption. The consumer felt aggrieved; raised a dispute and the matter was referred to the Electrical Inspector. The Electrical Inspector after hearing both the parties gave an award on Aug. 14, 1967. The Board being dissatisfied with the award given by the Electrical Inspector, filed an appeal before the State Government under S. 36(2) of the Indian Electricity Act, 1910 (hereinafter referred to as 'the Act'). The appeal filed by the Board was dismissed by the State Government on the ground that it was barred by time. Thereafter, the Board filed the present writ petition in this Court challenging the jurisdiction of the Electrical Inspector to entertain the dispute raised by the consumer before him.