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Himachal HC summons ACS RD Nazim for delay in Consumer Commission Appointments

Shimla, May 22 (UNI) Himachal Pradesh High Court issued a contempt notice to Additional Chief Secretary (ACS) R.D. Nazim and sent him summons for failing to appoint the Chairperson and members of the State Consumer Disputes Redressal Commission (SCDRC) and District Consumer Commissions, despite repeated court directives.
A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma directed Nazim to appear in person at the next hearing on May 26 to explain why contempt proceedings should not be initiated against him for non-compliance.
The court observed that the State Government was “deliberately not complying” with its orders, despite the conclusion of the selection process in November 2024.
The selection committee—chaired by Justice Vivek Singh Thakur—had recommended names for appointments to the SCDRC and District Commissions in Shimla, Mandi, Una, and Sirmaur. However, the government has taken no action on the recommendations for over four months.
Significantly, ACS R.D. Nazim was part of the selection committee and had raised no objections during the process. Yet, the Advocate General is now challenging the recommendations—a move the court viewed with disapproval.
The court emphasised that written tests and interviews had been conducted in accordance with the Consumer Protection Act, 2019. Merit-based panels were prepared and included marks obtained by candidates. The panel also featured IAS officer Ashish Singhmar.
Highlighting the urgency, the court reiterated that the SCDRC must include a Chairperson and at least four members to function effectively.
It noted that extending the term of the outgoing President, set to retire on April 5, 2025, is not a substitute for full appointments. However, as a temporary measure, the current President shall continue until a new appointment is made, regardless of retirement age.
Previously, the court had set April 4, 2025, as the deadline for the State to complete the appointments and ordered a compliance affidavit by April 10, with a hearing scheduled for April 11. The process to appoint a new President must begin immediately after the Supreme Court delivers its verdict in SLP (C) No. 25612 of 2023, which pertains to a challenge against the Consumer Protection Rules, 2020.
The State has cited pending litigation before the Supreme Court and the Bombay High Court's Nagpur Bench, which had earlier struck down parts of the 2020 Rules, as the reason for its inaction. But the High Court dismissed this argument, noting that public interest and the integrity of consumer forums must not be compromised.
Rejecting the Advocate General’s claim that there is no statutory deadline for such appointments, the bench asserted that prolonged vacancies defeat the very purpose of the Consumer Protection Act, which is to ensure timely redressal of consumer grievances.
The court also referenced similar interim directions from the High Courts of Punjab & Haryana, Kerala, and Madhya Pradesh, which have ensured the continued functioning of consumer forums in their respective states.
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