STATE OF RAJASTHAN AND ORS. versus ANAND PRAKASH SOLANKI

Citation: [2003] SUPP. 2 S.C.R. 957 · Decided: 25-08-2003 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Appeal(s) allowed

Judgment (excerpt)

-'; 
STA TE OF RAJASTHAN AND ORS. 
A 
v. 
ANAND PRAKASH SOLANKI 
AUGUST 25, 2003 
[R.C. LAHOTI AND ASHOK BHAN, JJ.] 
B 
Service Law: 
Appointment of President District Consumer Protection Forum by 
transfer from another district-Challenge to-Quashing transfer order the C 
High Court observed that in the absence of any provisions relating to 
transfer of President/Members of District Forum, the State Government cannot 
transfer them-On appeal, Held: Power to make an appointment includes 
power to make an appointment by transfer-The power conferred on the 
National Commission is exercisable over the State Commissioti/District D 
Fora-Reading the provisions mutatis mutandis some power conferred and 
exercisable by the State Commission over District Fora-Construing so, the 
State could exercise administrative control over District Fora-Hence, power 
of transfer could be exercised by the employer State unless there is an express 
bar in the provision, but it has to be exercised bonafide-The Consumer 
Protection Act does not prohibit the exercise of such power-Hence transfer E 
order valid-Consumer Protection Act, 198~ections JO and 24(B)-
Interpretation of Statutes. 
Words and Phrases: 
'Transfer '-Meaning of-In the context of service jurisprudence. 
F 
The questions which arose in the present appeal were as to whether a 
President or a Member of Consumer Protection Forum at district level could 
be transferred from one district to another; and if so, which is the competent 
authority to transfer them. 
Allowing the appeal, the Court 
G 
HELD: 1.1. The concept of appointment by transfer is not unknown to 
service jurisprudence. A power to appoint includes a power to revoke an 
appointment, and so also a power to make an appointment includes a power to H 
. 
957 
958 
SUPREME COURT REPORTS (2003] SUPP. 2 S.C.R. 
A make an appointment by transfer, subject to satisfying the requirements of 
Section 10 of the Consumer Protection Act. The expression 'appointment' 
takes in appointment by direct recruitment, appointment by promotion and 
appointment by transfer. (962-E, Fl 
Indra Sawhney and Ors. v. Union of India and Ors., (1992] Supp. 3 SCC 
B 217 and K. Narayanan and Ors. v. State of Karnataka and Ors., (1994) Supp. 
1 sec 44, relied on. 
1.2. Every appointment under sub-section (I) of Section 10 of the Act, 
though made by the State Government, is dependent on the recommendation 
C of a selection committee headed by the President of the State Commission 
··who is, or has been a Judge of a High Court The administrative control over 
all the District Fora within the State has been vested in the State Commission 
in all the matters contemplated by clauses (i), (ii) and (iii) of sub-section (I) 
of Section 248 of the Act. The power conferred on the National Commission 
by clause (iii)-ofsub-section (1), exercisable by the National Commission over 
D the State Commissions and District Fora, read mutatis mutandis confers the 
same power on the State Commission qua District Fora within the State by 
virtue of sub-Section (2) of Section 24 of the Act. Keeping in view the purpose 
sought to be achieved by these provisions, Section 248 has to be so construed 
as to spell out administrative control in favour of the National Commission 
over all the State Commissions and District Fora and in favour o( the State 
E Commission over all the District Fora within its jurisdiction, whenever there 
is any doubt. In other words, clauses (i), (ii) and (iii) of sub-section 248 of the 
Act have to be liberally and widely interpreted. (963-C, D, El 
F 
1.3. The existence of one cadre is not essential and is not the sine qua 
non to make available the power of transfer. As District fora, more than one, 
are constituted within the State, there is nothing wrong in the President or 
members of one District Forum being appointed by transfer to another District 
Forum, subject to the requirement of sub-section (IA) of Section 10 being 
satisfied. Such appointment by transfer sh.all be made by the State Government 
but only on the recommendation of the Committee constituted. Such 
G appointment by transfer cannot be a frequent or routine feature. The power 
is there but is meant to be exercised sparingly and only in public interest or 
in such exigencies of administration as would satisfy the purpose of 
constituting the District Forum. (963-G, H; 964-A) 
1.4. The broader concept of 'transfer' is a change of the place of 
H employment within an organizat

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