D B SUJENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A notification was issued calling for applications to fill up the posts of President of the District Consumer Redressal Forums of Kodagu, Kolar, Hassan and Bidar districts. Petitioner No. 1 applied for the districts of Hassan and Kodagu, petitioner No. 2 applied for the districts of Kolar, Kodagu, Hassan and Bidar, and petitioner No. 3 applied for the districts of Kodagu and Hassan. When the process of selection was pending, respondent No. 2 effected transfers of the Presidents of the District Consumer Redressal Forums at Koppal, Dharwad and Bellary districts (respondent Nos. 4 to 6 respectively) to Kolar, Hassan and Kodagu districts. In view of the said transfers, the petitioners submit that the process of selection to the post of President of District Forums of Kolar, Hassan and Kodagu districts is rendered infructuous. The transfers effected are mala fide and illegal and hence seek quashing of the order of transfers issued vide Annexure-E dated 23.04.2012. Respondent Nos. 1 and 2 support the order of transfers contend that the request of respondent Nos. 4 to 6 were pending since October 2010. The Committee under Section 10(1-A) was not convened by the Chairman and therefore, respondent No. 2, who is one of the members of the Committee, has effected the transfers.

(2.) Learned counsel for respondent No. 3 submits that the transfers are effected in an illegal and mala fide manner. There is no element of public interest involved and that the transfers are not preceded by the recommendation of the Committee as required under Section 10(1-A) of the Consumer Protection Act, 1986. Respondent No. 3 has also produced material at Annexures-R.13 and R.15, which are the letters issued by the Ex-MLA of Sakaleshpura, Hassan district and the Deputy Secretary to the Chief Minister respectively, recommending transfer of Respondent No. 6 Prakash Kumar from Bellary to Kodagu district. He submits that the transfers effected by respondent No. 2 are arbitrary and contrary to the provisions of Consumer Protection Act, 1986, under political pressure.

(3.) The Supreme Court in State of Rajasthan and Others vs. Anand Prakash Solanki, 2003 7 SCC 403 has made the following observations at paragraphs 7, 8, 9 and 13;