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Judgment
This matter is taken up through hybrid mode.
Heard Mr. P.K. Mohanty, learned Senior Advocate along with Mr. B.P. Bal, learned counsel for the petitioners and Mr. L. Samantaray, learned Additional Government Advocate for the State.
A compliance affidavit has been filed on behalf of the opposite parties sworn in by opposite party no.1-Principal Secretary to Government, Food Supplies & Consumer Welfare Department, Odisha, Bhubaneswar indicating therein that the order of this Court dated 22.08.2023 passed in W.P.(C) No. 26270 of 2023 has already been complied with. In the said compliance affidavit, the opposite parties have enclosed an office order dated 07.10.2023 indicating therein that in pursuance of Rule-8 of the Odisha Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Rules, 2020, Dr. Pramode Kumar Prusty is hereby allowed to officiate as President, State Commission, Odisha until further orders or appointment of regular President, whichever is earlier.
Mr. P.K. Mohanty, learned Senior Advocate appearing for the petitioners contended that Dr. Pramode Kumar Prusty is not the senior most member in whose favour the order dated 07.10.2023 has been passed. Therefore, the said order is in clear violation of Rule-8 of Odisha Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Rules, 2020. He further contended that the petitioners have filed a rejoinder affidavit by annexing the merit list of the candidates recommended by the Selection Committee for the post of Members, State Consumer Dispute Rederessal Commission. In the said Committee the present contemnor opposite parties are also the members. The committee has prepared the final tabulation sheet of the candidates for appointment as Members of State Commission in order of merit for consideration of the Government. In the said panel of names, the name of Dillip Kumar Mohapatra finds place at Sl. No.01 having his roll number 36 and the name of Dr. Pramode Kumar Prusty finds place at Sl. No. 02 having his roll number 29.
In view of the above, this Court is prima facie of the view that the order dated 07.10.2023 under Annexure-A/1 to the compliance affidavit is in violation to Rule-8 of the Odisha Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Rules, 2020.
Thus, this Court calls upon contemnor opposite party no.1-Principal Secretary, Government of Odisha, Food Supplies and Consumer Welfare Department, to appear before this Court in person tomorrow (11.10.2023) at 10.30 A.M. to show cause as to why he shall not be proceeded with under the Contempt of Courts Act, 1971 for deliberate and willful violation of the order of this Court.
Call this matter on 11.10.2023.
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