ASHISH HANDA, ADVOCATEversusHONBLE THE CHIEF JUSTICE OF HIGH COURT OF PUNJAB AND HARYANA AND ORS.

A                ASHISH HANDA, ADVOCATE
                             v.
     HON'BLE THE CHIEF JUSTICE OF HIGH COURT OF PUNJAB
                  AND HARYANA AND ORS.

                                MARCH 15, 1996
B
              [J.S. VERMA, N.P. SINGH AND B.N. KIRPAL, JJ.]

          Consumer Protection Act, 1986 :

C         Sectio11 I 6( I)(a )-Proviso-Section 20( I)(a )-Proviso-Interpretation
    of

          Consumer Protection-State Commissi01t-President-Appoi11tment
    of-Procedure for-Appoilllment of Preside11t made for Harya11a State Com-
    missioit-ffeld valid.
D
          A former Judge of the Punjab and Haryana High Court was ap-
    pointed as President of the Haryana State Consumer Disputes Redressal
    Commission. The petitioner, an advocate and a member of the Punjab and
    Haryana Bar Association, challenged the appointment on the ground that
E   it was not in accordance with Section 16 of the Consumer Protection Act,
    1986 and in consonance with the principles applicable for making such an
    appointment.

          Dismissing the petition, this Court

F       HELD : 1. The appointment made in the present case does not call
  for any interference. The appointment to the office of the President of the
  State Commission is to be made only after consultation with the Chief
  Justice of the High Court and to the office of the President of the National
  Commission after consultation with the Chief Justice of India. Such a
  provision requiring prior consultation with the Chief Justice is obviously
G for the reason that he is the most suitable person to know about the
  suitability of the person to be appointed as the President of the Commis·
  sion. The provisions in Section 16(1)(a) of the Consumer Protection Act,
  1986 for appointment of the President of the State Commission and in
  Section 20(l)(a) for appointment of the President of the National Com·
H mission are in pari materia and have to be similarly construed. The
                                        474
r
        A. HANDAv. HON. CJ.OFH.C.OFPB.ANDHARYANA[J.S. VERMA,J.]             475

    construction of the proviso in Section 16(1) (a) and that in Section 20(1) (a) A
    must be the same because of the identity of the language. The expression
    'after consultation with the Chief Justice of the High Court' and 'after
    consultation with the Chief Justice of India' must be construed in the same
    manner as the expression 'after consultation with the Chief Justice of
    India, the Chief Justice of the High Court' in Article 217 of the Constitu· B
    lion of India made in Supreme Coult Advocates-on-Record Association and
    Ors. v. Union of India*., Accordingly, the opinion of the Chief Jnstice of
    the High Court and the ·requirement of consultation with him according
    to the proviso in Section 16(1) (a) must have the same status as that or the
    Chief Justice of the High Court in the appointment of a High Court Judge
    under Article 217 of the Constitution or lndia; and the process of appoint· C
    ment to the office of the President of the State Commission must also be
    similar. [479-F; 478-A-E]

           *Supreme Coult Advocates-on-Record Association and Ors. v. Union
    of India, [1993] 4 sec 441, relied on.
                                                                                  D
          Sanvan Singh Lamba & Ors. v. Union of India & Ors., [1995] 4 SCC
    546, referred to.

           2. In the facts of the present case, there was substantial compliance
    of the proviso to Section 16(1)(a) of the Act and the appointment was made E
    after consultation with the Chief Justice of the High Court.

          CIVIL ORIGINAL JURISDICTION : Transferred Case (C) No. l5
    of 1994.

             Arising out of T.P. Under Article 139(A)(l) of the Constitution of   F
    India.

             M.K. Dua, S.M. Sarin for the Petitioners.

          Kapil Sibal, Ms. ·Suruchi Aggarwal for Ms. Indu Malhotra for the        G
    State of Haryaoa.

         J.S. Keharr Sr. (Seeraj Bagga, Ms. Tanvi Bagga) Advs. for the Ms.
    S. Bagga aod B.K. Prasad for the Respondent No 4.

             The Judgment of the Court was delivered by                           H
    476                  SUPREME COURT REPORTS                  [1996) 3 S.C.R.

A          J.S. VERMA, J. The petitioner is an advocate and a member of the
    Bar Association of the High Court of Punjab & Haryana. He filed a Writ
    Petition in the High Court of Punjab & Haryana challenging the appoint-
    ment of Shri M.R. Agnihotri, a former Judge of the Punjab & Haryana
    High Court as the President of the Haryana State Consumer Disputes
    Redressal Commission on completion of the term of Shri S.S. Sandhewalia,
B
    a former Chief Justice of the High Court, with effect from June 30, 1994.
    The challenge was made on the ground that the appointment of Shri M.R.
    Agnihotri was not in accordance with Section 16 of the Consumer Protec-
    tion Act, 1986 and in consonance with the principles applicable for making
    such an appointment. That writ petition (C.W.P. No. 7067 of 1994) was
C   transferred to this Court for decision, in view of the importance of the
    question involved.

        The Consumer Protection Act, 1986 prescribes in Section 16 for the
    composition of the State Commission as under :

D           "Composition of the State Commission - (1) Each State Commis-
            sion shall consist of -

            (a) a person who is or has been a Judge of a High Court appointed
            by the State Government, who shall be its President :

E           1 (Provided that no appointment un~er this clause shall be made
            except after consultation with the Chief Justice of the High Court;)

            (b) two other members, who shall be persons of ability, integrity
            and standing and have adequate knowledge or experience of, or
            have shown capacity in dealing with, problems relating to
F
            economics, law, commerce, accountancy, industry, public affairs or
            administration, one of whom shall be a woman :

            2 (Provided that every appointment made under this clause shall
            be made by the State Government on the recommendation of a
G           selection committee consisting of the following, namely -

             (i) President of the State Commission Chairman.

             (ii) Secretary of the Law Department of the State - Member.

H            (iii) Secretary, incharge of Department dealing with consumer
    A. HAND Av. HON. C.J. OF H.C. OF PB. AND HARYANA [J.S. VERMA, J.]      477


        affairs in the State - Member.)                                           A
        (2) The salary or honorarium and other allowances payable to, and
        the other terms and conditions of service 1 (* **) of, the members
        of the State Commission shall be such as may be prescribed by the
        State Government.
                                                                                  B
        2 (3) Every member of the State Commission shall hold Office for
        a term of five years or up to the age of sixty - seven years, whichever
        is earlier and shall not be eligible for re-appointment.

        (4) Notwithstanding anything contained in sub-section (3), a per-
        son appointed as a President or as a member before the commen-            C
        cement of the Consumer Protectiqn (Amendment) Act, 1993, shall
        continue to hold such office as President or member, as the case
        may be, till the completion of his term.)

                                                                                  D
        1. Ommitted by the Consumer Protection (Amendment) Act, 1993
        (w.e.f. 18th June,_1993).

        2. Inserted by ibid".

We are, in this ~attcr concerned, primarily with the requirement of Section
                                                                                  E
16(1)(a) which prescribes the mode of appointment of the President of the
State Commission.

        The Consumer Protection Act, 1986 is an Act to provide for better
 protection of the interests of consumers 'and for that purpose to make F
 provision for the establishment of consumer councils and other authorities
 for the settlement of consumers' dispute and for matters connected
 therewith'. The National Commission, the State Commission and the Dis-
 trict Forum are established as the agencies for the redressal of consumer
 disputes by Section 9 of the Act. Section 10 of the Act provides for
 composition of the District Forum, Section 16 for the State Commission G
 and Section 20 for the National Commission. The scheme is that these
 three agencies constituted for redressal of consumer disputes at different
.levels have as its President a person who is, or has been a Judge at the
 corresponding level. This is so because the function of these agencies is
 primarily the adjudication of consumer disputes and, therefore, a person H
    478                   SUPREME COURT REPORTS                   [1996] 3 S.C.R.

A from the judicial branch is considered to be suitable for the office of the
  President. The appointment to the office of the President of the State
  Commission is to be made 'only after consultation with the Chief Justice
  of the High Court' and to the office of the President of the National
  Commission 'after consultation with the Chief Justice of India'. Such a
B provision requiring prior consultation with the Chief Justice is obviously
  for the reason that he is most suitable person to know about the suitability
  of the person to be appointed as the President of the Commission. The
  provisions in Section 16(1)(a) for appointment of the President of the State
  Commission and in Section 20(1)(a) for appointment of the President of
  the National Commission are in pari materia and have to be similarly
C construed. The construction of the proviso in Section 16(1)(a) and that in
  Section 20(1)(a) must be the same because of the identity of the language.
  The expression 'after consultation with the Chief Justice of the High Court'
  and 'after consultation with the Chief Justice of India' must be construed
  in the same manner as the expression 'after consultation with the Chief
D Justice of India', ......... the Chief Justice of the High Court' in Article 217
  of the Constitution of India made in Supreme Court Advocates- on-Record
  Association and Ors. v. Union of India, [1993] 4 SCC 441. Accordingly, the
  opinion of the Chief Justice of the High Court and the requirement of
  consultation with him according to the proviso in Section 16(1)(a) must
E have the same status as that of the Chief Justice of the High Court in the
  appointment of a High Court Judge under Article 217 of the Constitution
  of India; and the process of appointment to the office of the President of
  the State Commission must also be similar. It is unnecessary to restate the
  same which is summarised in the majority opinion in the Judges-II case
  (supra). This is necessary to maintain independence of the Judiciary and
F to avoid any possibility of a sitting or a retired Judge depending on the
  executive for such an appointment. Our attention was drawn to certain
  observations in Saiwan Singh Lamba & 01s. v. Union of India & Ors., (1995]
  4 SCC 546, to suggest that the name for appointment to the Administrative
  Tribunal may be suggested even by the executive which may have the effect
G of initiating the proposal. In the facts of that case, substantial compliance
  of the requirement of approval by the Chief Justice of India was found
  proved and, therefore, the appointments were upheld. The requirement of
                                                                                     •
  consultation with the Chief Justice in the proviso the Section 16(1)(a) and
  Section 20(1)(a) of the Consumer Protection Act being similar to that in
H Article 217, the principles enunciated in the majority opinion in the Judge-
     A. HANDAv. HON. CJ, OFH.C. OF PB.AND HARYANA[J.S. VERMA. J.]         479

II case must apply, as indicated earlier, even for initiating the proposal. A
The Executive is expected to approach the Chief Justice when the appoint-
ment is to be made for taking the steps to initiate the proposal, and the
procedure followed should be the same as for appointment of a High Court
Judge. That would give greater credibility to the appointment made.

         The question now is : whether there has been due compliance of the      B
  proviso to Section 16(1)(a) of the Consumer Protection Act in the present
 case? The affidavit date 9th July, 1994 of Shri B.L. Gulati, Registrar of the
  High Court of Punjab & Haryana mentions the procedure adopted in
 making the appointment of Shri M.R. Agnihotri, a retired Judge of the
  High Court as the President of the Haryana State Commission. It is stated      C
  that the Chief Justice of the High Court of Punjab & Haryana considered
  the names of certain retired Judges of that High Court and ultimately gave
  his consent for the appointment of Shri M.R. Agnihotri as the President
 of the State Commission which was communicated by the Registrar to the
 Haryana Government on 10th June, 1994, after which the appointment of
 Shri M.R. Agnihotri was made. In the facts of the present case, we find         D
 that there was substantial compliance of the proviso to Section 16(1)(a) of
 the Act and the appointment of Shri M.R. Agnihotri was made after
 consultation with the Chief Justice of the High Court However, we may
 add that the appropriate course to adopt, as indicated in the Judges-II case,
 is for the Chief Justice of the High Court to initiate the proposal and to      E
 mention the name approved by him for appointment instead of the Chief
 Justice only approving the name suggested by the State Government It
-appears from the affidavit of the Registrar that the Chief Justice had
 indicated to the State Government the proper procedure relating to initia-
 tion of the proposal for filling up the post and he has accorded his approval
 to the appointment of Shri M.R. Agnihotri only after considering several        F
 names, including that of Shri M.R. Agnihotri. The appointment made in
 the present case does not; therefore, call for ar.y interference.

      Consequently, the transferred case is dismissed.

T.N.A.                                                    Matter dismissed.      G