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.
(2.) THE said question arises in the following factual matrix. 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. 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. 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.
(3.) 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.;