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Y.K.SABHARWAL, K.G.BALAKRISHNAN, B.N.KIRPAL
T. FENN WALTER – Appellant
Versus
UNION OF INDIA – Respondent


Counsel for the Parties :
For the Appellants :Mr. F.S. Nariman, Senior Advocate with Mr. Subhash C. Sharma, Ms. R. Vaigai, Mr. S. Vallinayagam and Mr. S. Muralidhar, Advocates.
For the Respondents:Mr. K. Parasaran and Mr. R. Mohan, Senior Advocates with Mr. V. Balachandran, Mr. V.G. Pragasam, Mr. V. Balaji, Mr. P.N. Ramalingam, Mr. S. Wasim A. Quadri and Ms. Anil Katiyar, Advocates.

JUDGMENT

K.G. Balakrishnan, J.—Leave granted.

1. A group of Advocates practising in the High Court of Madras filed a writ petition alleging that a sitting Judge of that High Court ceased to be a Judge as he was appointed as President of the State Consumer Disputes Redressal Commission, Pondicherry (for short ‘the State Commission’), and prayed for an appropriate writ or other directions. The writ petition was dismissed by a Division Bench of the Madras High Court and aggrieved by the same, the present appeal is filed.

2. The post of the President of the State Consumer Disputes Redressal Commission at Pondicherry was being manned by a retired High Court Judge. After the completion of his term of office, nobody else was willing to be considered for appointment as President of the State Commission. Pondicherry being a small Union Territory with limited financial resources could not afford to have a full-time President for the State Commission. The post was lying vacant for a considerable period. The correspondence produced in this case would show that a Judge of the Madras High Court, who was the administrative Judge for Pondicherry, was requested by the then Chief Justice of the High Co





































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