Amir Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1549 of 2021 ====================================================== Amir Kumar Son of Ram Lal Sahni, resident of Village and P.O. - Kerma, P.S. -Kudhani, District - Muzaffarpur, presently Practicing Advocate of Muzaffarpur Civil Court.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), New Delhi.

2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

4.

The Director, Directorate of Food and Consumer Protection Department, Govt. of Bihar, Patna.

5.

The Registrar, State Consumer Disputes Redressal Commission, Bihar. ... ... Respondent/s (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Prashant Sinha, Adv.

Mr. Amit Kumar, Adv.

For the Respondent/s :

Dr. K.N. Single (ASG) Kumar Priya Ranjan (C.S.G.) Mr. Sanjay Kumar Thakur, Adv.

Mr. Alok Ranjan, Adv.

Mr. Parijat Saurav, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 28-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) For issuance of necessary direction upon the respondent authorities to fill all the vacant post of

Patna High Court CWJC No.1549 of 2021 dt.28-06-2021 2/3 Members in the State Consumer Commission of Bihar and all the vacant posts of President and Members in the various District Commissions of Bihar as due to these vacancies, the State Commission and a majority of District Commissions are non-functional due to which the consumers are deprived of the grievance redressal mechanism provided under the Consumer Protection Act.

(ii) For necessary direction upon the respondent authorities to conclude the selection process already advertised to fill such vacancies in December, 2019 and January, 2020 under the provisions of the old Rules as while the process of selection was nearing completion, it has been aborted on the basis of a new instruction being issued by the Govt. of India directing to complete all such selection as per the new Rules.

(iii) For holding that continued delayed vacancy in the State Commission and the District Commissions is not in the public interest as the consumer at large are remaining deprived from the grievance redressal mechanism.

iv) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw this application.

Patna High Court CWJC No.1549 of 2021 dt.28-06-2021 3/3 Permission is accorded.

This application is dismissed as withdrawn.

(Sanjay Karol, CJ) ( S. Kumar, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29/6/21 Transmission Date NA