Cuttack: The Orissa High Court has directed the State Government to fill up the vacant sanctioned posts in the district and state consumer dispute reparation for a within the next six months, observing that “since the consumer fora has the trappings of a tribunal, it has to function with a full complement of the workforce”.
The consumers who have approached the fora, are not expected to wait for reparation/adjudication of their grievances for all times to come. The timely disposal of the case and adjudication of the grievance is a need of an hour and, because of the dearth of requisite staff, it was not expected that the functioning of the tribunal would come to a halt. A Division Bench of Chief Justice Harish Tandon and Justice M.S. Raman disposing of a writ petition ruled in an order on 20 August.
“The State Government is, therefore, directed to take the necessary steps for filling up of the vacant sanctioned posts across several district forums/State Commissions within the State, and it is desirable that the entire process should be completed within six months”, directed the Division Bench.
The State shall initiate the process for filling up of the sanctioned post at least six months prior to an anticipated vacancy arising so that in the event such a vacancy arises, the recruitment and/or filling up of the said post can be ensured immediately.
The Chair of the State Commission/District forums, as the case may be, shall intimate the Department of any post likely to fall vacant at the beginning of the year in which such post would become vacant so that the State may initiate a process in a time-bound manner, the order stated.
We have also come across several instances where the members of the Bench of the District forums and/or the State forum are falling vacant, yet the appointment to such posts is delayed or at times remains unfilled, which has an impact on the disposal of the cases pending in the consumer forum/commission.
“We feel it prudent in such a scenario that the State should also take the initiative before such a post is likely to fall vacant so that the matters which are pending before the consumer forums are not hampered and not delayed; as such timely appointment would ensure a seamless and continued functioning of the consumer forums and secure the timely disposal thereof”, the Division Bench observed.
Since the State Government has been vested with the powers to conduct the recruitment of an officer or an employee in the State Commission under Section 46 of the Act, it cannot absolve its duty as provided in the statute nor can shirk away its responsibility therefrom, the ruling concluded.