S.B. SINHA, J. - (1.) 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. 2.1. 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 benefit through his former juniors (B) Adverse reports from intelligence agencies. 2.2. Indisputably he was not appointed as a Permanent Judge as a result whereof demitted his office on 5th November, 2005. He resumed practice in Madras High Court. On a query made by the High Court as to whether the appellant was entitled to pensionary and other benefits, the Government of India by its letter dated 29th March, 2007 replied that he be treated at par with the retired Judges of the High Court for the purposes of obtaining medical benefits but would not be entitled to any pensionary benefits. 2.3. In the meantime on or about 6th November, 2006 he was appointed as an Additional Advocate General of the State of Madras. Appellant intended to have his name included in the list of retired Judges wherefor he wrote a letter to the Registrar General of the Madras High Court on 24th May, 2008. Indisputably his name was included in the said list by a Resolution adopted in that behalf by the Full Court on 11th July, 2008. PROCEEDINGS FOR APPOINTMENT Before the post of President of the Commission fell vacant, the Government of Tamil Nadu by a letter dated 30th May, 2008 requested the Registrar General of the High Court to forward names of eligible candidates for appointment as President of the Commission. The said post, however, fell vacant only on 5th July, 2008. A note prepared by the Registry of the said Court as contained in Roc.341/2008 dated 14th July, 2008 refers to the letter of the Government dated 30th May, 2008. Upon quoting Section 16 of the Act, it proceeds as follows: "In view of the above, if your Lordship is so pleased, willingness may be called for from the Hon'ble judges retired in or after the year 2006, so that, if appointed they may have a tenure of not less than 2-1/2 years.It is further submitted that the Hon'ble Thiru Justice N. KANNADASAN, Former Judge, who has completed 2 years of service as Additional Judge, High Court of Madras ceased to hold the Office on and from 06.11.2005. His Lordship's date of birth is 15.11.1955.Further, it is submitted that the Hon'ble Thiru Justice N. KANNADASAN, Former Additional Judge, High Court, Madras and now Additional Advocate General has addressed a letter to the Registry in connection with the inclusion of His Lordship's name in the category of Retired/Former Judge etc.As directed by your Lordship, the said matter was placed before the full court which was held on 11th July, 2008 and minuted as follows: Considered the representation of Hon'ble Thiru Justice N. KANNADASAN, Former Judge of the High Court in the light of the communication of Ministry of Law and Justice, Government of India dated 29.03.2007. Discussed the matter It is resolved that the name of Hon'ble Thiru Justice N. KANNADASAN be included as one of the Retired Judges of the High Court in the records of this Registry. Further, it. is submitted that the list of Hon'ble Judges, retired during 2006 and 2007 is submitted below 2006: 1. Hon'ble Thiru Justice T.V. MASILAMANI (Chairman DRAT) - 29.05.2006 Chairman, DRAT 2. Hon'ble Thiru Justice A.R. RAMALINGAM - 12.11.2006- 2007 1.Hon'ble Thiru Justice M. HANIKACHALAM, (Admission Committee) - 07.03.07 2. Hon'ble Thiru Justice J.A.K. SAMPATHKUMAR (Chairman, Human Rights Commission, Puducherry)05.05.2007 3.Hon'ble Thiru Justice R. BALASUBRAMANIAN (Advisor, State Legal Services Authority) - 15.08.2007 4. Hon'ble Thiru Justice N. KANNADASAN (D.O.B. 15.11.1955)- 05.11.2005 The term of Office of the President of the State Consumer Dispute Redressal Commission will be 5 years or up to the age of 67 years. In this connection, it is respectfully submitted for consideration and orders. Whether:- the list of retired Hon'ble Judges except Hon'bleThiru Justice T.V. MASILAMANI (Chairman DRAT) and including N. Kannadasan, Former Additional Judge may be forwarded to the Government, for consideration for the post of President of State Consumer Dispute Redressal Commission. Sd/- SO J 14.07.2008 Sd/- 15.06.2008 Regr A I send the panel of three retired Judges of this Hon'ble Court 1. Justice A.R. Ramalingam 2. Justice M. Thanikachalam 3. Justice N. KANNADASAN Sd/- CJ 16.06.2008" 4.1. The Government of Tamil Nadu appointed Shri Kannadasan as the president of the Commission by issuing G.O. Ms. No.144 on 26th July, 2008. WRIT PROCEEDINGS
(3.) THREE writ petitions were filed by some Legal Practitioners before the Madras High Court. Writ Petition No. 18731 of 2008 was filed by one Anna Mathew and ten others for issuance of writ of Quo Warranto against Shri Kannadasan requiring him to show the authority to hold the office of President of the Commission and consequently declaring G.O. Ms. No. 144 of 26th July, 2008 as illegal and unconstitutional.;