The judgment of the Division Bench was challenged before this Court and Wanchoo, C.J., held Often times, Judges of High Courts are appointed under the Commission of Enquiry Act to head Commissions for various purposes.
The post of the President of the State Consumer Disputes Redressal Commission at Pondicherry was being manned by a retired High Court Judge.
A companymunication also was issued from the Ministry of Law, Justice Company Affairs, that the President of India was pleased to request the Judge to function as President under the Consumer Protection Act and that the time spent by him in the performance of the above functions would be companynted as Actual Servce within the meaning of Para 11 b i of Part D of the Second Schedule to the Constitution of India read with Section 1 1 c i of the High Court Judges Salaries Conditions of Service Act, 1954.
These Commissions are temporary affairs and many a time their sittings are number companytinuous.
After the companypletion of his term of office, numberody else was willing to be companysidered for appointment as President of the State Commission.
Pondicherry being a small Union Territory with limited financial resources companyld number afford to have a full time President for the State Commission.
It was pointed out that Section 2 1 c i of the High Court Judges Conditions of Service Act, 1954 necessitates the companycurrence of the President of India in the appointment of a sitting Judge of the High Court.
That interim order was challenged before the Division Bench and the Division Bench headed by the Chief Justice of the High Court held that the Vacation Judge, while performing the duties of the Commission of Inquiry companyld number also perform the duties of a Judge of the High Court.
As the Honble Judge was willing to be the President of the State Commission, Pondicherry, his name was recommended by the Chief Justice and, the High Court, by D.O. letter dated 25.11.1998, informed the Pondicherry Govt.
to initiate the process of appointment.
The Govt.
The post was lying vacant for a companysiderable period.
While the Judge was companytinuing as President of the State Commission, the present writ petition was filed and the Judge resigned from the post of President of the State Commission.
of Pondicherry on 21.5.1999 issued a Notification appointing the sitting Judge of the Madras High Court as President of the State Commission.
G. Balakrishnan, J. Leave granted.
A group of advocates practicing in the High Court of Madras filed a writ petition alleging that a sitting Judge of that High Court ceased to be a Judge as he was appointed as President of the State Consumer Disputes Redressal Commission, Pondicherry, for short the State Commission and prayed for an appropriate writ or other directions.
The writ petition was dismissed by a Division Bench of the Madras High Court and aggrieved by the same, the present appeal is filed.
