S.B. Sinha, J.— INTRODUCTION

Justiciability of the recommendations of the Chief Justice of Madras High Court for appointment of Shri N. Kannadasan (the appellant) as the President of the State Consumer Disputes Redressal Commission (‘the Commission’) in terms of Section 16 of the Consumers Protection Act, 1986 (‘the Act’) is the question involved herein.

BACKGROUND FACTS :

2. The said question arises in the following factual matrix. The appellant was an Advocate practicing in the Madras High Court. He was appointed as an Additional Judge of the said Court for a period of two years on or about 6th November, 2003. During his tenure as an Additional Judge a representation was made from the Members of the Bar alleging lack of probity against him inter alia contending :

(A) (i) several orders had been passed by him granting bail in Narcotic Drugs and Psychotropic Substances (NDPS) matters in contravention of the mandate laid down in Section 37 of the NDPS Act despite the refusal of bail on earlier occasions either by him or by other Judges ;

(ii) bail granted by him had subsequently been cancelled by other Judges ;

(iii) Abuse of office to work the judicial system to his own be