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N. V. ANJARIA, K V ARAVIND
Shanth A. Thimmaiah – Appellant
Versus
The Government Of Karnataka Represented By Its Chief Secretary – Respondent
JUDGMENT :
N. V. ANJARIA, C.J.
Heard learned Senior Advocate Mr. Vivek Reddy with learned Senior Advocate Mr. M. Shivaprakash assisted by learned Advocate Mr. Anand Sanjay M Nuli, for the petitioner, learned Advocate General Mr. Shashi Kiran Shetty with learned Government Advocate Mr. S.S. Mahendra, for respondent No.4-the State and its authorities, and learned Advocate Mr. Mahesh Choudhary for respondent No.5-Karnataka State Pollution Control Board, at length.
The Challenge
2. The petitioner, by filing the present petition under Article 226 of the Constitution, has prayed to set aside Notification dated 31st May 2024 issued by the competent authority, Department of Forest and Environment, further to allow the petitioner to discharge duties as Chairman and Technical Person of respondent No.5-Karnataka State Pollution Control Board.
2.1 By the aforementioned Notification issued under Section 6(1)(g) of the Water (Prevention and Control of Pollution) Act, 1974, the petitioner, who was the Chairman of the respondent No.5-Board came to be disqualified as a Member of the Board and consequently dismissed from the position of the Chairman.
Basic Facts
3. The petitioner who possessed B.Tech degre
Natural justice requires a proper hearing and framing of charges before removal from a position, especially when serious allegations are involved.
Mandatory adherence to principles of natural justice and the requirement to follow due procedure of law under the Water (Prevention and Control of Pollution) Act, 1974.
Mere negligence does not constitute willful misconduct under Section 53 of the Odisha Municipal Act for removal as Chairperson. Compliance with natural justice, including providing copies of enquiry ....
The removal or disqualification of an elected official requires strict adherence to statutory procedures and principles of natural justice, including proper notice and opportunity to defend oneself a....
The discretionary power of the Court in issuing a writ of quo warranto and the principles guiding the issuance of such writs.
The court affirmed the need for transparent and qualified appointments to the KSPCB, holding that the guidelines must align with statutory provisions and prior court rulings.
Removal from office requires adherence to principles of natural justice and statutory provisions, including giving a hearing and finding on moral turpitude for disqualification.
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