An order passed by an Electrical Inspector under S. 26 (6) of the Indian Electricity Act, 1910, is appealable to the Appellate Authority under S. 36 (2) of the Act, even if the reference to the Electrical Inspector was made by a District Consumer Forum.

( 1 ) IN the instant writ petition the writ petitioners have challenged the legality and validity of the impugned order dated 25th of April, 1995 passed by the Appellate Authority under S. 36 (2) of the Indian Electricity Act, 1910, rejecting the appeal of the petitioner against the order dated 23rd February, 1995 passed by the Electrical Inspector Government of West Bengal, inter alia, on the ground that such appeal is not maintainable.

( 2 ) THE petitioners who are consumers of high voltage of Electricity and paid Electricity bills raised by the respondent No. 3 till February, 1994, raised on the basis of consumption recorded in the meter in question disputed bill raised by CESC for the month of March, 1994 by which the CESC levied charges for additional 1,10,130 units in addition to 34,200 units as recorded in the meter during the billing period of March, 1994 on the ground of alleged under recording in the meter.

( 3 ) CHALLENGING the aforesaid bill the petitioners moved the District Forum for direction upon the CESC Limited not to raise any Electrical bill by adding average consumption unit and to rectify the aforesaid disputed bill as per Indian Electricity Act, 1910.

( 4 ) THE Consumer District Forum by an order dated 19th April, 1994 disposed the aforesaid complaint by directing, inter alia. "so ordered that the impugned bill for March, 1995 be referred to CEI W. B. for adjudication within two months and his report shall be final and binding upon the parties. " The petitioner thereafter filed an application before the Chief Electrical Officer, West Bengal, praying for correct assessment and decision in respect of the alleged under recording in the meter in question in accordance with law. The matter thereafter was assigned by the Chief Electrical Inspector to the concerned Electrical Inspector having territorial jurisdiction as per the relevant notification, issued under S. 36 (1) of the Indian Electricity Act, 1910 and the said concerned Electrical Inspector after contested hearing disposed of the matter by an order dated 23rd February, 1995 directing, inter alia, that C. E. S. C. Ltd. shall revise the March, 1994 bill by taking into consideration of 86,466 units as the average KWH per month for the months of January, February and March, 1994 and 462. 5 KN as average maximum demand per month for months of January, February and March, 1994 respectively and power factor 01. 4%, 94% and 90% for the months of January, February and March, 1994 respectively. Against the aforesaid order the petitioner preferred an appeal before Appellate Authority under S. 36 (2) of the said Electricity Act. The C. E. S. C. before the said Appellate Authority raised objection as to the maintainability of the same, inter alia, on the ground that the Electrical Inspector passed an order appealed against on a reference made by the District Forum and therefore there cannot be any appeal against the same under S. 36 (2) of the Act. It was further contended by the respondents C. E. S. C. before the said Appellate Authority that the District Forum had indicated that the findings of the Chief Electrical Inspector will be final and binding between the two parties and therefore no appeal will lie.

( 5 ) ). The appellate authority by the impugned order has rejected the appeal of the petitioner after accepting the submission of the C. E. S. C. that the order appealed against not arising out of a dispute raised by the petitioner before Electrical Inspector but under the reference of District Forum and District Forum having held that the order of Electrical Inspector will be final and binding between the parties, the Appellate Authority is not competent to proceed further in the matter.

( 6 ) SINCE the question which has come up for determination before this Court in this case is purely a question of law both parties, agreed that the matter can be disposed of finally without any affidavit and accordingly both the parties address