REGISTRAR, STATE COMMISSION Vs. SECRETARY (SERVICES)
LAWS(DELCDRC)-2006-8-2
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 18,2006

Registrar, State Commission Appellant
VERSUS
Secretary (Services) Respondents

JUDGEMENT

- (1.) WE are constrained to take judicial notice of various letters sent by Presidents of all the District Fora from time -to -time to the Registrar of this Commission as to the situation created by frequent orders of transfers of their staff with the stipulation stands relieved bringing the functioning of these Fora to a grinding halt as by virtue of Section 24B of Consumer Protection Act, 1986 the Administrative Control of the District Consumer Fora vests in the State Commission for the purpose of generally overseeing the functioning of the District Fora to ensure that the objects and purposes of the Act are best served. It provides as under : "24B. Administrative control(1) The National Commission shall have administrative control over all State Commissions in the following matters, namely (i) calling for periodical return regarding the institution, disposal, pendency of cases; (ii) issuance of instruction regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of English translation of judgments written in any language, speedy grant of copies of documents; (iii) generally overseeing the functioning of the State Commissions, of the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi -judicial freedom. (2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters referred to in Sub -section (1).
(2.) SOME of the letters received from Presidents of the District Forums on the subject of transfer of the officials and staff are noteworthy and are as under : "To The Hon ble President, State Consumer Disputes Redressal Commission, A -Block, 1st Floor, Vikas Bhawan, New Delhi. Sub. : Transfer of the officials. Sir, This is to bring to your kind notice that the officials of the Forum are transferred with the direction stand relieved without providing a substitute. This causes disruption in the working of the Forum. Now I have heard that our Head Clerk Mr. R.K. Kanojia is also likely to be transferred. He is the only male staff amongst the clerks and if he is transferred without providing a substitute, the administrative work of the Forum shall come to a standstill as he is responsible for preparing the pay bills, etc. and to visit Pay and Accounts Office for the follow up. It is, therefore, requested that it should be impressed upon the concerned authority that no transfer should be made without providing a substitute at the same time." (G.D. Dhanuka) President, D.F.II"
(3.) LETTER No. DF -VII/2006/127 dated 6th July, 2006 received from Shri S.L. Khanna, President, District Consumer Disputes Redressal Forum -VII, Govt. of N.C.T. of Delhi, Sheikh Sarai, New Delhi. "To Hon ble President, State Consumer Disputes Redressal Commission, A -Block, Vikas Bhawan, New Delhi. Sir, Kindly refer to my letters dated 28.2.2006 and 25.5.2006. Shri A.K. Sharma, UDC posted in this Forum was transferred vide order dated 23.11.2005 but he was not relieved as no substitute had been posted. Shri Sharma was functioning as an Accountant and was required to prepare pay bills, contingency bills, etc. and in the absence of his substitute it would not have been possible to draw the pay of the staff. I, therefore, had requested the Services Department through your goodself to stay the transfer of Shri Sharma till a substitute is provided, but my request was not entertained. A show -cause notice was issued to Shri Sharma who was threatened to be suspended in case he did not join his new posting. Sh. Sharma, therefore, relinquishe his charge on 29.5.2006 and joined the Education Department. This Forum is, therefore, without an accountant and as noted above, it would not be possible to draw the pay of the staff and it would also create problems in the smooth working of the Forum inasmuch as there is nobody to keep record of the Court fee, etc. You are, therefore, requested to kindly take up the matter with the Services Department for appointment of a substitute at the earliest. Yours faithfully, Sd/ - S.L. Khanna, President" Letter dated 3.8.2006 from the President, District Forum (New Delhi). To, The Hon ble President, State Commission, A -Block, Vikas Bhawan, New Delhi. Respected Sir, The following facts regarding deficiency in staff provided to this Forum are being brought to your kind notice (1) PeonBesides on permanent post of Peon, one temporary post of Peon and one Peon for leave vacancy have been sanctioned for this Forum. However, no official against the temporary post or in leave vacancy has been posted. On the other hand, the only Peon provided namely Mr. Narendra Kumar has since been transferred. No Peon in his place has been provided. Instead Mr. Ram Kishan, Sweeper -cum -Chowkidar has been posted, who obviously has to discharge his own duties. (2) StenographerOne post of Stenographer in leave vacancy has been sanctioned, but none has been provided against the said post till date. (3) LDCDespite sanction of additional post of LDC for leave vacancy, no official has been posted. Sd/ - (Kanwal Inder) President, DF (N. Delhi);


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