The post of Registrar in the Himachal Pradesh State Consumer Disputes Redressal Commission cannot be designated as a cadre post for the Himachal Pradesh State Administrative Services, as it undermines the President's authority.

JUDGMENT :

(Tarlok Singh Chauhan, J.)

The moot question in this petition is whether the post of “Registrar” in Himachal Pradesh State Consumer Disputes Redressal Commission can be kept as a Cadre Post for the Himachal Pradesh State Administrative Services.

2. The instant petition has been filed for grant of the following substantive relief:-

(i) That an appropriate writ, order or direction may very kindly be issued directing the respondents-State to accept the proposal sent by the President, H.P. State Consumer Disputes Redressal Commission with respect to selection/appointment to the post of Registrar in the H.P. State Consumer Disputes Redressal Commission, in the interest of law and justice.

(ii) That an appropriate writ, order or direction may very kindly be issued directing the respondents-State to make appropriate provisions for filling up the post of Registrar in H.P. State Consumer Disputes Redressal Commission as proposed by the President of the State Consumer Commission in the draft rules, in the interest of justice and fair play;

(iii) That an appropriate writ, order or direction may very kindly be issued to quash and set aside the provisions contained in Part-II of Schedule-II, Column-1, of notification dated 29.2.2024, with respect to the mode of appointment to the post of Registrar in State Consumer Commission, in the interest of law and justice.”

3. It is averred by the petitioner that it was in exercise of the powers conferred by sub Section (1) of Section 103 of the Consumer Protection Act, 2019 that the Consumer Protection Regulations 2005 came to be repealed and the Consumer Protection (Consumer Commission Procedure) Regulations 2020 (in short ‘Regulation 2020’) were promulgated by the Central Government. The “Registrar” has been defined in Regulation 2(d), which reads as follows:-

“Registrar” means the head of the ministerial establishment of the Consumer Commission and exercising such powers and functions as are conferred upon him by the President of the Consumer Commission.”

4. It is further averred that provisions of Section 24B of the Repealed Act are pari materia of Section 70 of the Consumer Protection Act, 2019 and such provision came up for consideration before the Hon’ble Supreme Court in Civil Appeal No.2740 of 2007 titled State of U.P & ors. Vs. All U.P Consumer Protection Bar Association and decided on 21.11.2016, wherein the Hon’ble Supreme Court categorically held that Section 24B vests administrative control over the State Commission in the President of the National Commission and over the District Fora in the President of the State Commission.

5. Thereafter, in suo moto Writ Petition (Civil) No.2 of 2021 vide order dated 6.12.2022, it was held by the Hon’ble Supreme Court that the administrative control over all the staff of the State Commission and District Fora would vest in the President of the State Commission and, therefore, without adhering to the repeated recommendations of the President of the Commission to amend the Rules regarding the appointment of Registrar and issue notification dated 29.2.2024 in respect of mode of appointment of post of Registrar is illegal and liable to be quashed.

6. The respondents filed their reply wherein they have tried to justify their action by stating that Registrar of the Commission is an officer of the State Government and is from the cadre of Himachal Pradesh Administrative Services. However, when posted against the post of Registrar, he will be under general supervision of the President of the Himachal Pradesh State Consumer Disputes Redressal Commission and discharge such functions as are assigned to him by the President of Himachal Pradesh State Consumer Disputes Redressal Commission. The Registrar, without any prior approval of the President, cannot take any decision. Even the President has every right to assess his work and make remarks accordingly. Hence, it cannot be said that the President of Himachal Pradesh State Consumer Disputes Redressal Commissi