TAPEN SEN, J. - (1.) HEARD the parties.
(2.) THE petitioners in the instant cases pray for quashing the circular No. Misc./ 2424/98/EB - /14/9/99 issued by the Financial Controller (Rev.) Bihar State Electricity Board, Patna (respondent No. 6) directing all officers of various Electrical Circles to raise fuel surcharge on the basis of monthly minimum consumption for consumers falling under the Low Tension Industrial Service/Commercial Service Category, thereby directing to levy fuel surcharge on unconsumed units also in respect of consumers of both the categories. By reason of the said circular, a further direction has been made to raise Supplementary Bills for the previous periods following the aforementioned method of levying fuel surcharge on unconsumed units. This, according to the petitioners, is contrary to the principles of tariff and also contrary to the judgment of this Court wherein it has been held that the consumers are liable to pay minimum guarantee charge on annual basis and not on monthly basis. 3 The main contention of Mr. M.S. Mittal, learned counsel appearing for the petitioners is whether the respondents can charge on either the actual consumption recorded in the meter or the monthly minimum consumption or both. According to Mr. Mittal, the L.T.I. Tariff specifically refers to monthly minimum consumption of energy charges plus fixed charges and it also refers to fuel surcharge. Therefore, according to him, the Board can charge fixed charge plus monthly minimum consump - tion plus fuel surcharge based on actual consumption recorded in the meter but not on unconsumed units.
(3.) THE petitioner submits that as per Clause 16.10 of the 1993 tariff, the operational surcharge is to be levied and realized from C.S. II and III category consumers; L.T.I.S. Consumers; H.T. Consumers; Extra High Tension Consumers and Railway Traction Service Consumers. Operational surcharge consists of two elements : '' (a) Fuel surcharge: and (b) Other operational surcharge. ;