Back
2011 Supreme(Ori) 381
2012 (I) OLR - 391
HIGH COURT OF ORISSA
L. MOHAPATRA AND B.K. PATEL, JJ.
Dr. Barada Kanta Mishra - Petitioner
Versus
State of Orissa - Opp. Party
W.P. (C) No.21375 of 2011
Decided on: 23rd December, 2011
For Petitioner: M/s. Jagannath Patnaik, B. Mohanty, T.K. Patnaik, A. Patnaik, S. Patnaik, M.S. Rizvi, R.P. Roy and B.S. Rayguru
For Opp. Party:Advocate General
Headnote:AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 - Sec. 5 - Appointment to the post of Chairman, State Pollution Control Board on regular basis - A search committee constituted which proposed the name of the petitioner, who was at Serial. No.1 of the merit list, to the Honble Chief Minister - The Honble Chief Minister rejected the panel submitted by the Search Committee - Writ - No reason whatsoever has been assigned in the impugned order as to why anyone of the three empanelled candidates was not found suitable when they had been selected by the Search Committee keeping in mind the requirements for appointment to the said post - Held, no reason having been assigned in the order the said order is liable to be quashed.
We are conscious of the fact that recommendation of the Search Committee is not binding on the Honble Chief Minister but at the same time when a panel is rejected on the ground that the selected candidates were not suitable for appointment to the post, such observation has to be on the basis of justifiable reasons. No reason whatsoever having been assigned in the said order in Annexure-1 while coming to a conclusion that none of the empanelled candidate is suitable for appointment, we find no other option except quashing the order in Annexure-I and remit the matter back to the Honble Chief Minister for reconsideration of the case in the light of the judgment of the Honble Supreme Court quoted above. (Paras - 6 to 10)
JUDGMENT
L. MOHAPATRA, J. - This writ application relates to appointment to the post of Chairman, State Pollution Control Board. The petitioner was a faculty of Botany Department in Ravenshaw University and thereafter he served as Deputy Controller of Examinations, Council of Higher Secondary Education, Orissa on deputation. The petitioner also worked as Deputy Director in the Directorate of Higher Education and thereafter as Deputy Secretary to Government in the Department of Higher Education. He also worked as Principal, Rajdhani Junior College. The petitioner was also the Senior Scientist, Forest and Environment Department, Government of Orissa which is concerned with Environmental Management and Administration. After serving as Senior Scientist, the petitioner became the Member Secretary, State Pollution Control Board, Orissa and continued as such till he attained the age of superannuation. It is stated in the writ application that the petitioner is also the co-author of books published by the Orissa State Bureau of Text Book Preparation and Production. He also participated in a specialized training programme on assessment of hazardous Waste Dump, Sites and Preparation of Remediation of Plants in Germany and had also participated in a number of National Conferences and Seminars. Since January 2008 the post of Chairman, State Pollution Control Board was lying vacant. The then Chief Secretary proposed for appointment of the then Development Commissioner as the Chairman of State Pollution Control Board and at the same time and order was passed to constitute a Search Committee for choosing a suitable person for appointment to the post of Chairman, State Pollution Control Board on regular basis. Section-5 of Air (Prevention and Control of Pollution) Act, 1981 provides for appointment of a Chairman for the State Pollution Control Board. It is provided that State Board constituted under the Act shall consist of a Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government, provided that the Chairman may be either whole time or part time as the, State Government may think fit.
2. The Hon'ble Supreme Court constituted an Expert Committee under the Chairmanship of Prof. M.G.K. Menon to examine and recommend measure for protecting the environment from the impacts of generation and trans-boundary movement of large volumes of hazards waste in the country in a Public Interest Litigation filed in the year 1995. The Committee while making recommendations on the relevant issues also suggested certain eligibility criteria required to be fulfilled for appointment to the post of Chairman, State Pollution Control Board. The said report of the Committee was accepted in principle by the Hon'ble Supreme Court of India vide order dated 31.8.2007. The Hon'ble Supreme Court also constituted a 'Supreme Court Monitoring Committee' to over see the compliance of those recommendations submitted by the Committee. Supreme Court Monitoring Committee laid down the qualifications for the candidate for appointment to the post of Chairman, State Pollution Control Board which are as follows (1) He should have an understanding of the complexity of the modern Science and Technology, Pollution Control matter and Environment Management with a sense of vision and feeling for the future.
(2) He should have an understanding and experience in dealing with legal matters.
(3) He should be dynamic with administrative experience of leading a scientific group as evidenced from his track record.
3. In view of the order passed by the Hon'ble Chief Minister to constitute a Search Committee for choosing a suitable person for appointment to the post of Chairman, State Pollution Control Board on regular basis, a Search Committee was constituted with the following as its member.
1. Chief Secretary ………Chairman
2. Chairman, Central Pollution Control Board, Delhi ………Me
