Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing/setting aside the order dated 21.9.2015 pertaining removal from the post of President, District Consumer Forum, Palamau and for quashing the advertisement dated 21.9.2015 relating to appointment on the post of President, District Consumer Forum, Palamau and for direction to the respondents to reinstate the petitioner with full back wages. The factual matrix, as delineated in the writ application, in nutshell, is that the petitioner retired as a member of superior Judicial Service of the State of Jharkhand while holding the post of President, Labour Court, Bokaro. In pursuance to advertisement issued for the post of President, District Consumer Forum, Palamau, he was selected and appointed on the said post vide notification dated 24.7.2012. Pursuant to the said notification dated 24.7.2012, the petitioner joined as President of District Consumer Forum, Palamau on 31.7.2012 and took the charge of the said post. The service condition of the post of President of District Consumer Forum is governed by the provisions enshrined in Consumer Protection Act, 1986 read with Rule Bihar Consumer Protection Rules, 1987, which has been framed in exercise of power conferred by sub -section (2) of Sec. 30 of the Consumer Protection Act, 1986. The said Rule has been adopted by the State of Jharkhand.
(2.) Before adverting to the factual aspects, it would be apposite to refer to sub -rule (5) of Rule 3 of the Rules 1987, which reads as under: - "3.(5) In addition to provisions of Sec. 10(2), State Government may remove from the office, the President and member of a District Forum who - (a) has been adjudged as insolvent, or (b) has been convicted of an offence which in the opinion of the State Government involves moral turpitude, or (c) has become physically or mentally incapable of action as such member, or (d) has acquired such financial or other interest as is likely to affect prejudicial his functions as a member, or (e) has so abused his position as a render his continuance in office prejudicial to the public interest: Provided that the President or member shall not be removed from his office on the ground specified in clauses (d) and (e) of the sub -rule (5) except on an enquiry held by State Government in accordance with such procedures as it may specify in this behalf and finds the member guilty of such ground."
(3.) It is alleged in the writ application that due to some conspiracy being hatched by some persons, a show cause notice was issued to the petitioner vide letter dated 31.7.2015 by respondent No. 2. After receipt of the show cause notice, the petitioner submitted his reply inter alia stating therein for supplying of the copy of the complaints and the petitioner denied the allegations made against him in the show cause reply. To the utter surprise and consternation, the petitioner has been removed from the post of President, District Consumer Forum, Palamau by order dated 21.9.2015 which is impugned in this writ application. After removal of the petitioner from the said post an advertisement has been published on 21.9.2015 for the post of President, District Consumer Forum, Palamau. Being aggrieved by the impugned order of removal from service, the petitioner having no alternative and efficacious remedy, approached before this Court under Article 226 of the Constitution of India invoking extraordinary jurisdiction for redressal of his grievance.;