THIRUVANANTHAPURAM: The state government has scrapped the lists of appointees to the State Consumer Disputes Redressal Commission and several district consumer forums, casting aspersions on the recommendations made by a selection committee comprising the commission president, Justice P.Q. Barkath Ali and members, law secretary B.G. Harindranath and consumer affairs special secretary Mini Antony. The cancellation was based on the opinion given by additional advocate-general Renjith Balan after a petition questioning the selection was referred to him by the food and consumer affairs department.
The AAG found that the selection process breached Kerala Consumer Protection Rules 17 (3) (selection of commission member) and 7 (1) (selection of district forum member). The government order of March 15 cancelling the lists will lead to the paralysis of the State Consumer Disputes Redressal Commission since fresh recruitments will be a long way off. The commission, which hears appeals from 14 district forums, has a pendency running to more than 2,000 cases; the district forums also have piles of cases.
Sources at the commission “vouch” that it will be impossible for the Government to find an immediate successor to Justice Barkath Ali, whose term ends on May 5. The Consumer Affairs Department has to approach the High Court and the Government will pick the president from among aspiring Justices. Sources said the lists were cancelled because they did not include political nominees. Even anganwadi workers had presented themselves for the interview. The basic qualification for appointment as members is graduation and social service. “After a long time, the lists had meritorious candidates, especially that of the Kollam forum president. But this did not fit in with the political interests of the Food and Consumer Affairs. The Kollam forum is already dysfunctional because the lone member there doesn’t constitute a bench,” said a lawyer.
When contacted, Law Secretary Harindranath said: “We had done our best and sent a foolproof list to the Government. It’s for the Government to act.” Justice Barkath Ali, visibly upset with the Government decision, said the proviso in the Kerala Consumer Protection Rules enable the Government to go in for recruitment after placing advertisements. This was done in the present case. Rules 17 (3) and 7 (1) for selection are identical but have a proviso enabling the State Government to directly advertise for applicants. This has been the practice since the 1990s but now the Government, after placing the ads, realised that the selection process had been procedurally vitiated. Curiously, the Consumer Affairs Department had not applied its mind in cancelling the lists because, by doing so, it has questioned the legal acumen of a retired justice of the High Court and that of the Law Secretary, who is a senior district judge. The commission’s normal strength comprises the president (serving/ retired Justice of the HC), a judicial member of the rank of district judge, and two general members, one of whom is a woman. Currently, the commission has a president and a general member. Now, the delayed, red-tape-ridden process of fresh recruitment will take its own time to fruition.
