Advocates Association accuses Maharashtra Consumer Commission Acting President of ‘Judicial Misconduct’ for adjudicating a case against himself and demands action.
Dr Santosh Kakade, the interim head of the State Consumer Disputes Redressal Commission (Maharashtra), accused of “judicial misconduct” by the Consumer Courts’ Advocates Association Maharashtra and Goa for rejecting a medical negligence lawsuit against himself.
Last month, he reopened the matter. Following a determination by the organisation, the association has written to the National Consumer Disputes Redress Commission (NCDRC) and the Bombay High Court requesting action against him.
According to the minutes of the General Body Meeting, on August 10, 2021, Dr. Kakade took up an appeal filed in 2002 against the consumer forum in Solapur dismissing a medical negligence lawsuit. He was one of the appeal’s respondents.
Dr. Kakade, sitting alone as a non-judicial member, noted that none of the parties were present and dismissed the appeal due to a lack of prosecution. “This information comes from the sine-die list. Despite the fact that; they served with notifications, no one was present. The Appellant; does not appear to be interested in pursuing the appeal. As a result; the appeal is automatically rejected.” The association stated that; because he was a party to the case and presided over the bench, he couldn’t have seen “none present…” The Association received an official complaint from Dr. Gopinath Shenoy on February 18, 2022, prompting the urgent GBM on February 27.
According to the association, after one of the bar’s members obtained a certified copy of the dismissal order on February 2 and the matter discussed in the Managing Committee meeting on February 14, 2022, the matter taken on board on February 15, 2022, and the dismissal order set aside and the appeal restored.
According to the association, no order issued to put the case on record, and no notice given to the parties that; a dismissed case would be heard on; February 15. In the absence of the SOP, even the listing procedure not followed. “Both the orders, i.e. the order of rejection of appeal as well as the order of restoration,” the association alleges. Furthermore, the association has received separate complaints about behaviour.
During the meeting, Dr. Shenoy mentioned that he wished to make an application in another case and requested that the in-charge president disqualify himself. He did not, however, recuse himself or take the application under advisement. As a result, the application forwarded to the registrar.
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