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2021 Supreme(Jhk) 1043

S. N. PATHAK
Pratik Sharma – Appellant
Versus
State of Jharkhand through its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. Diwakar Upadhyay.
For the Respondents: Mr. Rajiv Ranjan, AG, Mr. Gaurav Abhishek, AC to AG, Mr. Rahul Saboo, Mr. Gaurang Jajodia, Mr. Kalyan Roy.

JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for issuance of a writ of ‘quo warranto’ for removal of respondent No. 5 from the post of Chairman, Jharkhand State Pollution Control Board (for short “JSPCB”) on the ground that he has been appointed in complete violation of law laid down by the Hon’ble Apex Court in case of Tegi Tagi Tara Vs. Rajendra Singh Bhandari & Ors. [(2018) 11 SCC 734].

Petitioner has further prayed for a direction upon the respondents to frame appropriate guidelines or recruitment rules in State Pollution Control Board (for short “SPCB”) as per mandate given in the case of Tegi Tagi Tara.

Petitioner has also prayed for quashing and setting aside the notification dated 24.06.2020 (Annexure-4), by which the respondent No. 5 has been appointed as Chairman, JSPCB.

After quashment of the said notification, the petitioner prays for a direction upon the respondents to fill-up the post of Chairman, JSPCB after framing proper guidelines/ recruitment rules considering the institutional requirement of the JSPCB in pursuance of direction issued by the Hon’ble Apex Court in case Tegi Tagi Tara.

3. The facts of the case lies in a narrow compa

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