VEENA SHARMA Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court with a grievance that her candidature for appointment as a Member of the District Consumer Disputes Redressal Fora in the State of Haryana has been rejected by pressing into service Sec. 10(2) of the Consumer Protection Act, 1986. Referring to the provisions as contained under this Sec. counsel for the petitioner contends that the term for which the petitioner has applied now would be her second term as her earlier appointment in the year 1997 as a Member of the District Consumer Disputes Redressal Forum, Gurgaon was quashed by this Court vide judgment dated 14.12.1998 in (Smt. Asha Barak Vs. State of Haryana and others CWP No. 11336 of 1997) (Annexure P-3) and in pursuance thereto she was removed. He contends that the first tenure, if any, was merely for a period of two years, which was also quashed by this Court and for all intents and purposes the subsequent appointment of the petitioner in Sept., 2006 as a Member of the District Consumer Disputes Redressal Forum, Gurgaon till Sept., 2011, was the first term. On this basis he contends that the impugned letter dated 3.8.2012 (Annexure P-2) cannot sustain.

(2.) Counsel for the respondents could not dispute the facts as has been asserted by the counsel for the petitioner.

(3.) In the light of the above, the present being the second consecutive term of the petitioner as the first term, which if said to be one, was quashed by this Court, the impugned order cannot sustain. The present writ petition, thus, deserves to be allowed.