Excelsior Correspondent
Srinagar, July 23: The High Court has put on hold the appointment of president District Consumer Redressal Commission (DCRC) with the direction to the Secretary Food, Civil Supplies and Consumer Affairs (FCSCA) to consider the representation of District and Sessions Judge Pulwama, Abdul Rashid Mailk, for the post and consider the same and pass appropriate orders.
The petitioner-Abdul Rashid Malik presently District and Sessions Judge Pulwama has approached the Court under seeking a direction that he should be considered for appointment as President of the District Consumer Redressal Commission, Srinagar.
He alleged that his candidature has not been considered by the Selection Committee in accordance with Rule 6 of the Consumer Protection Procedure (Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) Rules, 2020.
The counsel appearing of FCS&CA submitted before the court that the writ petition is not maintainable, as the petitioner-candidate has already been appointed as President of the Commission at Baramulla and, as such, is not entitled to maintain the writ petition and seek appointment on the post in Srinagar district instead of district Baramulla.
The counsel appearing for petitioner-Malik has drawn attention of the court to the representation addressed by the petitioner to the Secretary, Department of Food, Civil Supplies & Consumer Affairs, J&K Government, whereby he has raised his grievance that his candidature has not been considered. He submitted that he would feel satisfied if the matter is disposed of with the direction to the Secretary, Department of Food, Civil Supplies & Consumer Affairs, to consider his aforesaid representation within a time bound period.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar directed to the Secretary, Food, Civil Supplies and Consumer Affairs, who is the convener of the Selection Committee, to place the representation of the petitioner before the Selection Committee forthwith.
The Court further directed the Selection Committee, on verification of the facts from the record, will consider the same and pass appropriate orders preferably within a period of two weeks from the date the representation is placed before the Selection Committee. Court has made it clear that till any decision on the said representation is made, appointment to the post of President of the Commission at Srinagar, shall remain in abeyance.
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