Jharkhand High Court
Sunil Oraon vs Food Supply on 6 January, 2017
Author: D.N. Patel
Bench: D. N. Patel, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 5458 of 2014
Sunil Oraon, son of Late Lalu Oraon, r/o Ratu Kumbatoli, P.O. & P.S. -
Ratu, District - Ranchi
... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand through its Secretary, Department of Food,
Public Distribution and Consumer Affairs, Government of Jharkhand,
Ranchi
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. Secretary, Department of Law (Justice), Government of Jharkhand,
Ranchi
4. Secretary, Finance Department, Government of Jharkhand, Ranchi
5. Jharkhand State Consumer Disputes Redressal Commission,
Doranda, Ranchi through its President
... ... ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner: M/s. Ashutosh Anand, Advocate
For the Respondents: M/s. R.R. Mishra (GP-II), Arbind Kumar
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19/Dated: 06th January, 2017
Per D.N. Patel, J.
1) Counsel for the petitioner submitted that several basic amenities have not been provided in spite of the order passed by this Court dated 11th August, 2015. It is further submitted by the counsel for the petitioner that despite the order passed by the Hon'ble Supreme Court in Civil Appeal No. No.2740 of 2007 with W.P.(C) No.164 of 2002 judgment dated 21st November, 2016, the State of Jharkhand has not taken any initiatives. Counsel for the petitioner has tendered this Court copy of the judgment and order delivered by Hon'ble Supreme Court in Civil Appeal No.2740 of 2007 with W.P.(C) No.164 of 2002, as well as the copy of letter written by the District & Sessions Judge (Retired) - Senior Consultant cum Secretary to the SCAC (CPU) written to the Chief Secretary of the State of Jharkhand, Ranchi dated 14th October, 2016. Photocopies of these two documents are taken on record.
2) For the ready reference, the directions given by the Hon'ble Supreme Court in paragraph 17 read as under: -
-2-"17. The Committee has annexed to its report at Annexures B to M copies of the letters issued by it to the Chief Secretaries to the governments of Orissa, NCT of Delhi, Haryana, Punjab, Union Territory of Chandigarh, Bihar, Jharkhand, Maharashtra, Tamil Nadu, Andhra Pradesh and Telegana on 14 October, 2016 for rectification of deficiencies in infrastructure and resolution of various aspects. By the order of this Court dated 14th January 2016 the Committee was permitted to forward its recommendations to each state government concerned for appropriate steps in a time bound manner. A copy of the recommendations was directed to be submitted to this Court to enable it to issue directions should the recommendations not be implemented by the state governments. Since the recommendations have been made after a detailed inspection and in the interests of facilitating a proper implementation of the provisions of the Act, we hereby direct each of the state governments concerned to implement the recommendations of the Committee within a period of three months. The Secretary to the Committee is requested to forward a copy of this order to the Chief Secretaries concerned to secure compliance as directed."
(Emphasis supplied)
3) The recommendations as referred to herein above, read as under:-
"1. The vacant sanctioned posts of employees of the State Commission and District Foras be filled-up within six months and as an interim arrangement, adhoc appointments be made on contract basis within six weeks.
2. The vacant posts of President and Members of the District Foras be filled up within two months.
3. The budgetary control be handed over to the District Forums by the Department of Consumer Affairs within four months.
4. A senior level Judicial Officer, preferably a sitting District Judge, be appointed to the post of Director,State Commission in consultation with the High Court, within a period of two months and ensure that independence of the State Commission and District Foras is maintained at all costs.
5. The posts in State Commission and District Foras be restructured and encadred in consultation with the State Commission within four months.-3-
6. The administrative control over the Presidents, Members and Staff of the District Foras be handed over to the State Commission within eight weeks.
7. Nodal Officers from the Administrative Service be appointed/nominated by the Consumer Affairs Department to to attend the monthly meetings with the President State Commission/District Foras, within two months.
8. Utilization Certificates of the "grant" released by the Central Government be furnished within two months and thereafter, fresh proposals seeking central government grant be made for construction of own buildings of District Foras.
9. The government land for District Foras be allotted near/closer to the District Court Complexes for the convenience of consumers as well as lawyers within six months.
10. Provide adequate computer hardware, replace/upgrade old computer hardware; provide Internet connectivity to all the District Foras in the State within three months.
11. Enhancement of emoluments and facilities of Members of the State Commission and District Foras be examined/considered to attract qualified and motivated persons to join the consumer foras within six months.
12. The non-judicial members of the State Commission and District Foras be provided quality legal training at State Judicial Academy and arrangements for the same be worked out in consultation with High Court, within three months.
13. Consumer Awareness Programmes under the Consumer Protection Act be conducted continuously / regularly under the aegis of or in association with State Legal Services Authority.
You are required by the Committee to submit an Action Taken Report (ATR) on the aforesaid recommendations positively within three weeks.
You may note that in the event of non-acceptance/compliance of the recommendations/directions hereinabove, the matter will be placed before the Hon'ble Supreme Court on judicial side for appropriate directions.
Yours sincerely, Sd/-
(Kamlesh Kumar) District & Sessions Judge (Retd) -
Senior Consultant Cum Secretary to SCAC (CPU)"
Tel: 011-23380563/Mob: 9971208844 Email : [email protected]"
4) The respondent-State is directed to implement the aforesaid directions at an earliest within the time prescribed by the Hon'ble -4- Supreme Court and also to appoint provide efficient Registrar, who is a retired Judge from the Jharkhand Subordinate Judiciary, with all basic facilities like Generator Sets, etc to the State Consumer Commission as well as to all the District Forums.
5) Counsel for the petitioner submitted that in the State Consumer Commission and the District Consumer Forums, when the affairs of the matter are over and if any order is passed against the respondents and if are not obeyed, then execution matters are being filed by the original complainants and in those execution matters, sometimes warrants are being issued by the Consumer Commission as well as the Consumer Forums. These warrants are not being served efficiently by the concerned police.
6) State of Jharkhand will take note of this submission and will give proper guidance to the concerned Superintendent of Police of the District.
7) This matter is adjourned to be enlisted on 9th February, 2017.
(D. N. Patel, J) Manoj/ (Ananda Sen, J)