The Hindu : Fresh hitch in posting of consumer forum president

Online edition of India's National Newspaper
Sunday, Oct 26, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

Fresh hitch in posting of consumer forum president

By C. Maya

THIRUVANANTHAPURAM Oct. 25. Even as the impasse over the appointment of the president of the District Consumer Disputes Redressal Forum continues, the president of the State Consumer Disputes Redressal Commission (CDRC) has sought a clarification from the Government as to the selection process involved in the said appointment, it is reliably learnt.

The functioning of the district forum here has been in jeopardy since June this year in the absence of the president.

As the spat between the Government and the president of the CDRC, the appellate body above all district fora, continues, consumer activists fear it might be some time before forum gets a new president.

The appointment of the president of a district forum is normally done by a three-member selection committee, which comprises the Law Secretary, the Food and Civil Supplies Secretary and the president of the State Commission, who is the committee chairman.

The controversy erupted when T. M. Hassan Pillai, the president of CDRC, issued orders in August transferring the president of the Wayanad District Consumer Forum to the one in Thiruvananthapuram, allegedly without consulting the Government.

No sooner than the new president assumed office here, the Government cancelled her appointment, stating that Mr. Pillai had no powers to issue transfer orders and that the appointment of a district forum president could be done only through the selection committee.

It was pointed out that in the State of Rajasthan Vs Anand Prakash Solanki case, the Supreme Court had ruled that the Government alone had the power to transfer the president and members of district fora. However, these transfers could be made only on the basis of the recommendations of the selection committee, it was ruled.

While this ruling has now laid to rest any speculation over who has the power to issue transfer orders, the ball is again in the court of the selection committee, which is chaired by Mr. Pillai himself. The selection committee should now meet to decide a suitable candidate for the post of the president of the district forum.

While the Government has asked Mr. Pillai to convene a meeting of the committee, Mr. Pillai has reportedly shot off a letter to the Government demanding to know the modus operandi for the selection process.

Consumer activists allege that there has been no transparency regarding the manner in which the panel of suitable candidates for appointment to the posts of the president and members of a district forum is called for. More often than not, these posts are filled through political appointments from a panel chosen by the Government.

Mr. Pillai has now reportedly sought clarifications as to who is authorised to call for applications: himself as the chairman of the selection committee or the Government. He has also reportedly sought clarifications as to who scrutinises the applications or the nominations before short-listing the suitable candidates.

Sources at the Department of Consumer Affairs confirmed that the Government had asked Mr. Pillai to fix a date for calling a meeting of the selection committee, but that he had not responded. Consumer activists are waiting to see how the Government would respond to Mr. Pillai's latest move.

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