Orissa HC Serves Notice Over SCDRC Member Appointment

Orissa high court Law Insider

Shashwati Chowdhury

Published on: July 27, 2022 at 20:30 IST

In response to a writ petition seeking to quash the appointment of a Member (Woman) of the State Consumer Disputes Redressal Commission, the Orissa High Court has sent notice to the Principal Secretary department of Food Supplies and Consumer Welfare.

On Monday, the Single-Judge Bench of Justice Arindam Sinha issued a notice in reply to the petition for intervention against Sudhira Laxmi Pattnaik’s appointment as Member (on March 3, 2022).

The petition was filed by Reena Nayak, a 52-year-old High Court lawyer who applied for the post. She qualified the written exam and appeared for the interview, but she was not selected.

The rule 10 in the Consumer Protection (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, were in violation when Sudhira was wrongfully appointed, according to the petition. The petitioner said that she was ineligible to be appointed as the Member because she had already served two terms (Woman).

The matter was adjourned to August 16 “for hearing and disposal of the writ petition” after Justice Sinha sought a reply to the notice. A member of the District or State Commission who has served two terms is not eligible to be appointed as a member of any commission for a third term, according to the rule. The age limit was set at 65.

In accordance with the petition, Sudhira had already served the position of Member of the District Consumer Disputes Redressal Commission (Kandhamal) for two periods, from April 16, 2016 to April 15, 2021 and from December 15, 2010 to December 14, 2015.

The petitioner contends that illegalities were committed by allowing Sudhira to take the written test and appear for the interview even though she was ineligible to apply for the post while seeking the court to direct her appointment as Member (Woman).

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