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IN RE: Inaction of The Governments In Appointing President And Members/Staff Of Districts And State Consumer Disputes Redressal Commission And Inadequate Infrastructure Across India

    Suo Moto Writ Petition (Civil) No. 2 of 2021

    Decided On, 10 November 2021

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE SANJAY KISHAN KAUL & THE HONOURABLE MR. JUSTICE M.M. SUNDRESH

    for Appearing Parties Gopal Sankaranarayanan, Sr. Advocate (AC), Aditya Narain, Advocate (AC), Arnav Narain, Anushree Narain, Arjun Jain, Mishra Raj Shekhar, Omprakash Ajitsingh Parihar, Dushyant Tiwari, Yudhvir Dalal, Apurv S., Gopal Sankarnarayan, Sr. Advocate, Aditya Narain, Prerna Priyadarshini, Priyashree Sharma P.H., Shrutanjaya Bhardwaj, Rushali Agarwal, Aman Lekhi, Ld. ASG, Neetu Kedar Gokhale, Swarupama Chaturvedi, B. K. Satija, Shraddha Deshmukh, Chanmayee Chandra, Ankur Talwar, Amrish Kumar, Neela Gokhale, Kushal Choudhary, Chirag M. Shroff, S.R. Singh, Sr. Advocate, Ankur Prakash, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Gurinder Singh Gill, Sr. Advocate, P. P. Nayak, Kuldeep Singh Kuchaliya, Aashna Gill, Pratap Singh Gill, Bhupinder, Vandana Hooda, Ajay Pal, Taruna Ardhendumauli Prasad, Parth Awasthi, Deepika Gupta, Mahfooz Ahsan Nazki, Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar Reddy, K.V. Girish Chowdary, Abhimanyu Tewari, Eliza Bar, Manish Kumar, S.C. Verma, Sr. Advocate / Gen. Sumeer Sodhi, Anvit Seemansh, Arjun Nanda, Surjendu Sankar Das, Deepanwita Priyanka, Vishakha, Vikas Mahajan, Sr. Advocate /AAG, Anil Kumar, Arun Singh, Vinod Sharma, Surinder Singh Mank, Parijat Som, Prahlad Narayan Singh, Arvind Kumar, Arunabh Chowdhary, AAG, Pallavi Langar, Abhishek Roy, Pragya Baghel, Shubhranshu Padhi, G. Prakash, Priyanka Prakash, Beena Prakash, Manan Sanghai, Mrinal Gopal Elker, Pukhrambam Ramesh Kumar, Karun Sharma, Upendra Mishra, P. S. Negi, Avijit Mani Tripathi, Kynpham V. Kharlyngdoh, Daniel Lynedoh, T. K. Nayak, Siddhesh Kotwal, Nirnimesh Dube, Manya Harija, Akash Singh, K. Enatoli Sema, Chubalemla Chang, Kiran Kumar Patra, Sanjay Kumar, Somesh Ku. Dube, Ranjeeta Rohatgi, Uttara Babbar, Dr. Manish Singhvi, Sr. Advocate, Arpit Parkash, Sandeep Kumar Jha, Vivek Kohli, Ld. Gen., Sikkim Sameer Abhyankar, Yeshi Rinchhen, Abhinav Mishra, Nishi Sangtani, Amit Anand Tiwari, AAG, D. Kumanan, Sheikh Fakhruddin Kalia, P. Venkat Reddy, Prashant Kr. Tyagi, P. Srinivas Reddy, M/S. Venkat Palwai Law Associates, Shuvodeep Roy, Kabir Shankar Bose, Ishaan Borthakur, Kamlendra Mishra, Anil Grover, AAG, Noopur Singhal, Diksha Rai, Rahul Khurana, Satish Kumar, Sanjay Kumar Visen, Mrs. Babita Mishra, Ragini Pandey, Neeraj Bhardwaj, Suhaan Mukerji, Vishal prasad, Nikhil Parikshith, Abhishek Manchanda, Sayandeep Pahari, For M/S. PLR Chambers And Co., Mrinal K. Monda, G. Indira, N. P. Haibila, K. V. Jagdishvaran, Aravindh S., Piyush Dwivedi, Shirish Deshpande, Subodh S. Patil, R. K. Pandey, Atul Sharma, Shirin Khajuria, Jose Abraham, M. P. Srivignesh, Anju Joseph, Pravartak Pathak, Dr. Uday Warunjikar, Shankey Agrawal, Astha Sharma, Applicant-in-person, Saurabh Mishra, AAG, Gopal Jha, Shreyash Bhardwaj, Nishant Verma, Advocates.



Judgment Text

1. Applications seeking exemption from filing O.T. and affidavit are allowed.

2. In the Order dated 22.10.2021 we had mentioned about the representation received from the members of the State Consumer Disputes Redressal Commission, U.P. It appears that the same was separately also received in the Registry of the Court and as per directions of Hon'ble the Chief Justice of India the same has been treated as a Writ Petition under Article 32 of the Constitution of India registered as Writ Petition (C) No. 1144 of 2021. Thus, this issue shall not form a part of the present proceeding and would be determined in those proceedings by the appropriate Bench.

I.A. No. 142572/2021- Intervention/Impleadment

3. The application raises the issue of the pendency of the matters and disposal before the Consumer Forum in the State of Kerala seeking an impleadment. We are concerned with the process of appointment all over the country in different states as well as the infrastructure. We are assisted by the Amicus Curiae. We do not feel the need of any other intervention in this petition.

4. Application stands dismissed.

I.A. No. 137596/2021 seeking intervention also stands dismissed.

5. All other applications for impleadment/intervention relating to pay-scales and emoluments to be listed along with WP (C)No. 1144/2021.

SUP MOTO WRIT PETITION[CIVIL) NO.2/2021

6. Learned Amicus Curiae informs us that there are two google forms one for the manpower deployed and the other for the space. Most of the States have sent their responses but despite the peremptory nature of our Order dated 22.10.2021 some of the States have not sent the full information. In this behalf, it is submitted by learned Amicus Curiae that State of Andhra Pradesh, Goa, Kerala, Punjab, Rajasthan, Telangana and Uttar Pradesh have not submitted the information qua Staff, State of Bihar has not submitted qua the infrastructure and States of Gujarat and Tamil Nadu have submitted neither of the two. Insofar as the Union Territories are concerned, similar complaint is made by the Amicus Curiae qua Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Delhi, Lakshadweep, Puducherry and Ladakh.

7. The learned counsels assures us that the deficiencies will be made up within a week from today. We put the defaulting States on notice that we will take a very serious view of the matter and will impose exemplary costs to be recovered from the Officers concerned for such wastage of judicial time if the needful is not done. The States to verify the same from the Amicus Curiae whether they have received it or not.

8. On the basis of the information furnished and on analysis of the same, the Amicus Curiae will give their inputs to the Court within a week thereafter.

9. Insofar as the selection process is concerned, the States will similarly within one week give their updates to the Amicus Curiae for assistance to the Court.

10. Learned Amicus Curiae points out that no affidavit in this behalf are available even as on date qua Delhi, Gujarat, Haryana, Lakshadweep, Manipur, Meghalaya, Puducherry and Uttarakhand, the States to do so within this week.

11. Mr. Aman Lekhi, Additional Solicitor General states that a legislative impact study has been done subsequently in pursuance to the Order of this Court da

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ted 11.8.2021 and has been placed on record by way of an affidavit dated 06.10.2021. It appears that the same has not been shared with the Amicus Curiae. The needful be done accordingly. 12. We call upon both the Amicus Curiae and Mr. Aman Lekhi, Additional Solicitor General to jointly examine this aspect and assist the Court. 13. List on 01stDecember, 2021.
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