- (1.) THE Rajasthan State Electricity Board (hereinafter called the Board) has filed this writ petition under Article 226 of the Constitution challenging the order of the state Government dated 13th of November, 1968, passed in appeal upholding the award dated 14th August, 1967, given by the Electrical Inspector under Section 24 (2) of the Indian Electricity Act, 1910, in a dispute raised by respondent No. 3 Shri govind Singh Mehta, proprietor of the Chitra Cinema at Mehta Market, Jodhpur.
(2.) THE facts giving rise to this dispute are, in a nutshell, as follows: the Board used to supply electricity to respondent No. 3 at two separate points and at different voltage. The consumption of electricity was measured by the Board by installing two separate meters, one for light and the other for power, and the Board charged electricity consumed for light at the rate of 40 P. per unit while the supply of power was charged at the rate of 13. 5 P. per unit. In 1964 the Board prescribed a new Tariff for the supply of electricity but till June, 1966, the Board continued to charge from the respondent at the old rates. It was in the month of July, 1966, that for the first time the Board decided to charge from respondent No. 3 at the rate of 29 P. per unit for the consumption recorded by both the meters. Having felt aggrieved by the application of new rates the proprietor of Chitra Cinema raised objections and ultimately the matter was referred to the Electrical Inspector under section 24 (2) of the Indian Electricity Act, 1910. The Electrical inspector, after hearing both the parties, gave his award on 14th of august; 1967, and held that the application of tariff schedule HS/ml/lt3 above 10 KW and upto 100 KW cannot apply to respondent No. 8 as long as there were two meters installed at two separate metering points, that is, one for light consumption (service No. 5660) and another for power consumption (service No. 5661 ).
(3.) HAVING felt aggrieved by this award, the Board filed an appeal under Section 36 (2) of the 1910 Act before the Government on 19th of January, 1968. The government by its order dated 13th of November, 1968, held that the appeal preferred by the Board was barred by time and, therefore, it was dismissed on that ground. The Board then filed a review application before the Government but that review was also dismissed on the ground that the Government had no authority to review its order. This order is signed by the Commissioner and secretary of Irrigation and Power of the Government of Bajasthan and is dated 20th of April, 1970 (Ex. F ). The petitioner Board has challenged the award given by the Electrical Inspector and the orders passed by the Government in appeal and in review, inter alia, on the grounds that the Electrical Inspector had no jurisdiction to entertain any dispute of the nature which was raised by Shri Govind singh Mehta before him and that Rule 6 (3) prescribing three months period of limitation for filing an appeal does not cover the appeal preferred under Section 36 (2) of the 1910 Act. It was also contended that the only tariff which is available for the purpose of supplying energies to cinemas consuming electricity above 10 KW upto 100 KW is at item No. 3 of the schedule prescribed by the Board in the year 1964 and according to this tariff the Board was entitled to charge 29 P. per kwh for the consumption of electricity for running the cinema by respondent No. 3.;