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Tamil Nadu
CHENNAI: Setting aside an August 2007 government order, the Madras High Court has directed the State government to issue a fresh G.O. giving effect to recommendations made by the selection committee in June last year on transfer and posting of experienced presidents to Madurai, Chennai (North) forum and the combined consumer forum of Chengalpattu-Villupuram. Passing orders on writ petitions filed by advocate C. Lakshmi Narain and others, the First Bench, comprising Chief Justice A.P. Shah and Justice Prabha Sridevan, directed the State Consumer Disputes Redress Commission to issue an advertisement for filling the existing eight vacancies and ensuing six vacancies for the post of presidents of district consumer forums, inviting applications from retired District Judges and qualified advocates within two weeks. The Selection Committee should consider the received applications and make appropriate recommendations to the State Government in consonance with the policy decision of the National Consumer Disputes Redress Commission (NCDRC) within six weeks. The government should give effect to the Committee’s recommendations within two weeks. “Mute spectators”In the petition, Mr. Lakshmi Narain submitted that consumers and litigants were mute spectators to the “indifferent manner” in which the respondents discharged their duties in appointing and posting new Presiding Officers in the consumer forums and the State Consumer Commission. The Bench said it appeared that some vacancies of president of district forums were existing for more than two years. In spite of the court’s categorical directions in April and July last year, the government was yet to fill them. In June 2007, the Selection Committee recommended three transfers, posting experienced presidents who showed disposal to heavy centres such as Madurai, Chennai (North) and the combined forum of Chengalpattu and Villupuram, so that the new appointees could be posted in the vacancies thus created. In June 2007, the committee recommended four retired district judges for appointment as presidents in Thanjavur, Tirunelveli-Tuticorin, Dindigul-Pudukottai and Erode forums. The court directed the State government to complete the process of appointment of the four presidents within a week. After more than a month and a half, the government issued appointment orders dated August 13, 2007, which were not in accordance with the recommendations by the Selection Committee on June 12, 2007. As a result, the post in centres with heavy workload continued to remain vacant. Despite the Commission’s requests to government to cancel the G.O. and issue a fresh G.O., the government, without giving detailed reasons, said the G.O. could not be revised. The Bench said the NCDRC directive was that precedence should be given to District Judges (DJs) or retired DJs with regard to their experience. If serving or retired DJs were not available, it was open to the selection committee to make appointments from among advocates.
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