Case Note & Summary
The dispute arose from the transfer of Anand Prakash Solanki, who was appointed as President of the District Consumer Protection Forum in Pali, Rajasthan. In November 1999, he was informed of his transfer to Jalore, which was followed by a written order transferring him to Banswara. Solanki challenged this transfer in a writ petition, leading the Rajasthan High Court to rule that the concept of transfer did not apply to Presidents and Members of District Fora under the Consumer Protection Act, 1986, and quashed the transfer order. The State of Rajasthan appealed this decision to the Supreme Court. During the proceedings, Solanki retired and chose not to contest the matter further. The Supreme Court, upon reviewing the statutory provisions of the Consumer Protection Act, determined that while the appointment of Presidents and Members is made by the State Government, the power to transfer them exists and is to be exercised based on the recommendation of a selection committee. The court emphasized that the nature of the functions performed by these officials requires insulation from executive interference, but this does not preclude the possibility of transfer. The court found that the High Court's ruling was incorrect and allowed the appeal, thereby reinstating the State's authority to transfer District Forum Presidents and Members. The court acknowledged the assistance of the amicus curiae in the proceedings.
Headnote
A) Consumer Protection Law - Transfer of District Forum Presidents - Authority to Transfer - Consumer Protection Act, 1986, Section 10 - The court held that the State Government has the authority to transfer Presidents and Members of District Fora, subject to the recommendation of a selection committee, and that such transfers are permissible under the Act. The High Court's view that transfer is unknown for these positions was rejected. (Paras 1-5).
Issue of Consideration
Whether a President or a Member of the District Forum can be transferred and who is the competent authority to effect such transfer?
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and affirmed the State's authority to transfer Presidents and Members of District Fora under the Consumer Protection Act, 1986.
Law Points
- Transfer of public service employees
- Consumer Protection Act
- 1986
- appointment by transfer
- administrative control
- judicial independence
