SHASHI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner being aggrieved of order dated 25.11.1998 cancelling her appointment as member Consumer Dispute Redressal Forum No. 1 (In brief District Forum No. 1). Bareilly, has approached this Court seeking issuance of writ, order or direction in the nature of certlorari quashing the same impugned order as contained in Annexure-2 to the writ petition and for issuance of mandamus prohibiting the opposite parties from taking any steps to appoint any member in her place.

(2.) The case of the petitioner is that she was duly selected and appointed by the State Government on November 23. 1998 as member of District Forum No. 1 at Bareilly against a vacancy of woman member. There are two separate District Forums having separate Chairman, Jurisdiction and functioning at Bareilly. The husband of the petitioner is already working as member in District Forum No. 2 before her appointment as woman member of District Forum No. I. She has been appointed against a clear vacancy, however, by the Impugned order dated November 25, 1998. the appointment of the petitioner has been cancelled on the ground that her husband Chain Sukh Dutta is already a member of the District Forum at Bareilly, The petitioner claims that since two District Forums are independent of each other in functioning and jurisdiction, her appointment has wrongly been cancelled. No notice of cancellation of her appointment was given and her husband being member of another District Forum cannot be a ground for cancellation of her appointment.

(3.) The opposite parties in their counter-affidavit have set up a case that since the petitioner did not Inform that her husband is already a member of the other District Forum at the same station, her appointment has been cancelled in the Interest of proper maintenance of administration and social justice.