Disposed

Sripathi G @ G Sreepathi v. Union of India

Karnataka HC4 Nov 2024WP/14137/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka heard a Writ Petition challenging the discriminatory nature of Rule-11(2) of the Consumer Protection Model Rules-2020. After noting a subsequent Amendment Notification (G.S.R. 474(E)) that diluted the restriction, the court held the petition infructuous and disposed of it.

What did the court decide?

The Writ Petition was disposed of as infructuous in view of the change in legal regime via G.S.R. 474(E) dated 2.8.2024.

Sripathi G @ G Sreepathi Vs Union of India — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:43993-DB WP No. 14137 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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WRIT PETITION NO. 14137 OF 2024 (GM-CON)

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BETWEEN:

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SRIPATHI G @ G SREEPATHI, SON OF LATE SRI GANAPATHI PANDIT, AGED ABOUT 63 YEARS, RESIDING AT “SREE RAMASHRAYA”, 4^TH MAIN ROAD, SHIVA MOOKAMBIKA NAGAR, S.S. PURAM POST, TUMKURU - 572 102.

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…PETITIONER

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(BY SRI. RAGHAVA P.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA, REPRESENTED BY THE JOINT SECRETARY, MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION, (DEPARTMENT OF CONSUMER AFFAIRS), ROOM NO.546C, KRISHI BHAWAN, NEW DELHI - 110 001.

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STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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2 - NC: 2024:KHC:43993-DB WP No. 14137 of 2024

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KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, REPRESENTED BY THE REGISTRAR, KSDRC, BASAVA BHAVAN, BENGALURU - 560 001.

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THE REGISTRAR, KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KSDRC, BASAVA BHAVAN, BENGALURU- 560 001.

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TUMAKURU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, REPRESENTED BY ASSISTANT REGISTRAR & AAO, INDIAN RED CROSS BUILDING, 1^ST FLOOR, OLD DC OFFICE COMPOUND, TUMAKURU - 572 101.

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…RESPONDENTS

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(BY SRI. KUMAR M N., CGSC FOR R1; SRI. M RAJKUMAR., AGA FOR R2 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING A WRIT IN THE NATURE OF CERTIORARI QUASHING THE RULE-11(2) OF THE CONSUMER PROTECTION (SALARY ALLOWANCES AND CONDITIONS OF SERVICE OF PRESIDENT AND MEMBERS OF THE STATE COMMISSION AND DISTRICT COMMISSION) MODEL RULES-2020 NOTIFIED BY THE RESPONDENT No-1 ON THE GROUNDS OF IT BEING DISCRIMINATORY AND ULTRA VIRES OF CONSTITUTION AT ANNEXURE-B,THEREBY PERMITTING THE PETITIONER TO CONTINUE HIS PRACTICE BEFORE THE DISTRICT AND STATE CONSUMER COMMISSION AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE C M JOSHI

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3 - NC: 2024:KHC:43993-DB WP No. 14137 of 2024

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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The subject Notification which both the sides rely

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upon being short & relevant, the same is reproduced below.

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“G.S.R..474(E).—In exercise of the powers conferred under proviso to sub-section (1) of section 102 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules to amend the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020, namely: -

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1. Short title and commencement. - (1) These rules may be called the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) (Amendment) Model Rules, 2024.

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(2) They shall come into force on the date of their publication in the Official Gazette.

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2. In the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020, in rule 11, for sub-rule (2), the following shall be substituted, namely:-

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"(2) The President or Member shall not practice before the State Commission or the

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4 - NC: 2024:KHC:43993-DB WP No. 14137 of 2024

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District Commission, after retirement from the service of that Commission."

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2. Learned counsel for the petitioner submits and

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the learned Senior Panel Counsel appearing for the contesting respondents agrees that in view of change of legal regime vide Notification dated 2.8.2024, there is an absolute embargo that obtained under the earlier legal regime which has been now diluted to the effect that the members can practise before any Commission other than the one in which they had held office.

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In view of the above, Writ Petition is disposed off as having become infructuous.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(C M JOSHI) JUDGE

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cbc List No.: 1 Sl No.: 21

Sripathi G @ G Sreepathi v. Union of India

Case brief

What is this about?

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Sripathi G @ G Sreepathi v. Union of India

Case brief

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