ASWINI KUMAR GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, a consumer within the meaning of provisions of the Electricity Act, 2003, is aggrieved by the order of S. E. and Circle Manager, Tamluk (D) Circle, dated June 17, 2005 disposing of his appeal preferred under section 127 of the Electricity Act, 2003.

(2.) Contentions raised by the petitioner are two fold : (i) the authority who made the order in the appeal was not competent to act as the Appellate Authority, (ii) his case regarding nature of the manufacturing activity of his factory was not considered by the authority for the purpose of determining which tariff rate would be applicable.

(3.) Regarding the first contention, advocate for the petitioner argues that Section 176(2)(u) of the Act empowered the Central Government to make rules for indicating who would be the Appellate Authority for the purpose of Section 127(1) of the Act, and in exercise of such power the Central Government made the appeal of the Appellate Authority Rules, 2004, rule 3, saying :