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2017 Supreme(Jhk) 91

IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. PATEL, RATNAKER BHENGRA, JJ.
Sunil Oraon S/o Late Lalu Oraon - Petitioner
Versus
The State of Jharkhand through its Secretary, Department of Food, Public Distribution and Consumer Affairs & Ors. - Respondents
W.P. (PIL) No. 5458 of 2014
Decided On : 13-02-2017

Advocates Appeared:
For the Petitioner: Mr. Ashutosh Anand
For the State : Mr. Rajiv Ranjan Mishra, Mr. Arbind Kumar

Headnote:Constitution of India-Articles 226 and 227-PIL indicating lack of bare minimum infrastructure in Jharkhand State Consumer Disputes Redressal Commission and in District Consumer Forum in all districts of State-There is non-application of mind of High ranking Administrative officials of concerned department-There is lack of will and wish on part of Secretaries of Department of Government-Matter is going on from year 2014 onwards-It has become fashion with respondents that unless and until drastic orders are being passed by High Court perhaps decisions are not being taken by respondents-Request of judiciary in a mildest one, is an order of court-Order is dictated in open court and shall be communicated to High ranking administrative officers of State of Jharkhand.

ORDER :

D.N. Patel, J.

1. Learned counsel appearing for the petitioner has argued out the case at length and submitted that there is lack of bare minimum infrastructure in the Jharkhand State Consumer Disputes Redressal Commission and in the District Consumer Forums in all the 24 districts. There are no Peon, no Stenographer, no Bench Clerk etc. The High Court's retired Judge is working as a Chairman of the Jharkhand State Consumer Disputes Redressal Commission. He is working as a Chairman-cum Bench Clerk-cum Stenographer-cum Peon-cum bailiff (for service of notice) also. This cannot be tolerated because the State of Jharkhand is not taking care of such type of Consumer Commission and Consumer Forums.

2. After several orders passed in this Public Interest Litigation when we called the Secretary of Food, Civil Supply and Consumer Affairs Department, now, on paper, principally the decision has been taken to give some staff to the Consumer Commission as well as to the District Consumer Forums, but, as the Government is busy with the function on 16th and 17th of February, advertisement will be given in the last week of February. Advertisement for the posts, for which, the decision has been taken by the Government dated 9th February, 2017 shall invariably be published latest in the week commencing from 27th March, 2017, failing which, we, hereby, direct the Chief Secretary of the State of Jharkhand not to pay salary to-

(a) Secretary, Food, Civil Supply and Consumer Affairs Department, Government of Jharkhand, Ranchi; and

(b) Mr. Thomas Dungdung, Son of Late Joseph Dungdung, Deputy Secretary, Food, Civil Supply and Consumer Affairs Department, Government of Jharkhand, Ranchi.

If these officers are self drawing officers, they shall not prepare the bills of their salary, if the latest advertisement in a week commencing from 27th March, 2017, for filling up vacancies is not advertised. Interlocutory application is permitted to be filed by the State, if any step forward in the direction for appointment is taken by the State.

3. Learned counsel appearing for the petitioner further submitted that Jharkhand State Consumer Disputes Redressal Commission as well as District Consumer Forums in all 24 districts are not having sufficient electricity supply and, hence it hampers the work culture in the Consumer Commission and the District Consumer Forums. The public at large is sufferer and consequently in justice delivery dispensation, there is bound to be delay.

4. It has been held by the Hon'ble Supreme Court in the case of State of U.P. v. All U.P. Consumer Protection Bar Assn.., reported in (2016) 11 SCC 606 in paragraphs 7, 8 and 9, which read as under:-

“7. The question of deficiency appears to be a country-wide phenomenon. The nature of deficiencies may vary from State to State but there is no doubt that facilities are inadequate in small or large measure in almost all the States. One of the options that we may have had was to examine the question of deficiency qua each State ourselves to issue such directions as were necessary. That exercise would, however, have been time-consuming and difficult keeping in view the fact that the States concerned would have to respond to the queries that this Court may raise in the process delaying the whole exercise. It was for that reason that instead of undertaking any such exercise ourselves we thought of entrusting the same to a committee which would then look into the matter more elaborately. The Committee would have the advantage of interacting with the officials from the Central/State Governments concerned. We are happy to note that the Government of India have recognised the importance of removing the deficiencies in the Consumer Fora and Commissions to make them more effective and efficient for a speedier disposal of consumer disputes. This is evident from the fact that Mr. Maninder Singh has, at the Bar, agreed not only to the constitution of the Committee but also to the terms of reference being elabo






























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