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 The issue regarding rate of fuel surcharge is a far reaching one as it impacts all the industrial (HT and LT) and Commercial category of consumers and hence merely on a technical plea of constructive res judicata, this issue cannot be brushed aside.

23. In response to the aforesaid arguments, the Respondent made following submissions:

(I) The Petitioner's apprehension that unconsumed units had not been taken into account was unfounded as the rate of fuel surcharge actually took into account the same.

The Respondent Board ought to have addressed on this issue on merits; rather than taking such technical pleas. It has recently been held by the Hon'ble Supreme Court in the case of State (NCT of Delhi) v. BSK Realtors LLP, reported in2024 SCC OnLine SC 1092 that res-judicata is in the realm of procedural law which cannot be pressed as a defense which public interest is involved (Para 25).

In the present case, the rate of fuel surcharge or any enhancement or decrease thereof would affect all the consumers in the State of Jharkhand. Therefore, this issue would certainly affect the public interest. Therefore, a technical plea of res-judicata ought not to have deterred on Learned Single Judge in deciding this issue.