ARATI DAS Vs. STATE

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the impugned notification dated 26-10- 2002, issued by Government of Orissa, Food Supplies and Consumer Welfare Department, removing the petitioner from the post of Member, District Consumer Disputes Redressal Forum, Balasore (in short 'District Forum'). The said notification is quoted hereunder : <FRM>JUDGEMENT_13_AIR(ORI)_2006Html1.htm</FRM>

(2.) According to the averments made in the writ petition, the petitioner in pursuance of an advertisement published by Opp. Party No.l inviting applications for appointment as "Member of the District Consumer Disputes Redressal Forum" applied for the same and appeared before the Selection Committee comprising of the President, State Consumer Disputes Redressal Commission, Secretary, Department of Law, and the Secretary Food Supplies and Consumer Welfare Department, Govt. of Orissa, which called the candidates including the petitioner for an interview on 25-8-2000. The selection Committee recommended the case of the petitioner for appointment to the post of Member, District Forum, Balasore. Consequently, she was appointed in that post vide notification dated 14-9-2000 issued in the name of Governor by the DCA-cum-Joint Secretary to Govt. The relevant part of the said notification is quoted hereunder : <FRM>JUDGEMENT_13_AIR(ORI)_2006Html2.htm</FRM> <FRM>JUDGEMENT_13_AIR(ORI)_2006Html3.htm</FRM>

(3.) A perusal of the above quoted notification would show that the petitioner was appointed along with another person as Member for Balasore District Forum on ad hoc basis subject to furnishing an affidavit as required under Sub-Rule (5) of Rule-3 of the Orissa Consumer Protection Rules, 1987 that she would not have membership in any political party or any communal organization, and (b) any financial or other interests as were likely to affect prejudicially her said function as Member of the said Forum. Thereafter, the DCA-cum-Joint Secretary to Govt. of Orissa issued an order in favour of the petitioner separately intimating her that she was appointed as a Member of District Forum, Balasore purely on ad hoc basis with jurisdiction over the Revenue District of Balasore subject to verification of her antecedents. Further, she would furnish an undertaking that she would not practise in any Court of law during the tenure of her appointment and would work, full time in the post she had been appointed i.e. Member, District CDR Forum, Balasore. A request was made to the petitioner to furnish the required documents and also the joining report to the State Commission, Cuttack as well as to Govt. within a month. She submitted her joining report accordingly and started discharge her duties.