Excelsior Correspondent
JAMMU, Aug 19: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today expressed concern over delay in filling up of the posts of State Consumer Disputes Redressal Commission.
The concern was expressed while dismissing an appeal filed by Oriental Insurance Company. “We are inclined to observe the sorry state of affairs with regard to the inaction on the part of the State Government in not constituting the full State Consumer Disputes Redressal Commission”, the DB said.
As per Section 14, the appointments for the post of President and members of this Commission have to be made by the Government on the recommendations of the selection committee comprising Chief Secretary, Law Secretary and Secretary CAPD.
“In the State of Jammu and Kashmir, the Chief Secretary, Secretary to Government Law Department and Secretary to Government Food Supplies Department are in office. Unlike the committee to recommend the Chairman and members of other Commissions like State Accountability Commission or State Human Rights Commission, no political functionary is made as a member to claim the excuse for not recommending the name for filling up the post of President and members of State Consumer Disputes Redressal Commission”, the DB further observed.
As per the scheme of the Act once recommendations are made by the selection committee comprising of Chief Secretary, Law Secretary and CAPD Secretary the Government is empowered to appoint the President and two or more members as per the vacancy/vacancies. “There is a Government in office in the State of Jammu and Kashmir and other governmental transactions are being carried out. The Cabinet is also meeting periodically to take various decisions. Thus, there is no impediment to fill up the vacancy of the President and member/members of this Commission”, the DB added.
Stating that the vacancy of the President has remained unfilled from October 2015 onwards, the DB said, “the committee of three officers is expected to recommend the name(s) for the post of President and member/members as per vacancy of the State Consumer Disputes Redressal Commission for being appointed by the Government forthwith if not recommended already”.
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