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AHANTHEM BIMOL SINGH
Laishram Radhakishore Singh, S/o. (Late) L. Nityai Singh – Appellant
Versus
State of Manipur, represented by the Additional Chief Secretary (Forest and Environment), Govt. of Manipur – Respondent
JUDGMENT :
(Ahanthem Bimol Singh, J.) :
Heard Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel appearing for the petitioner, Mr. M. Devananda, learned Addl. AG assisted by Ms. Jyotsana, learned counsel appearing for the respondents No. 1 & 2 and Mr. H. S Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel appearing for the respondent No. 3.
[2] The present writ petition had been filed challenging two orders both dated 20.09.2022, one order terminating the service of the petitioner as Chairman of Manipur Pollution Control Board and the other appointing the respondent No. 3 as Chairman of the Manipur Pollution Control Board (MPCB).
[3] The brief facts of the case is that by an order dated 24.03.2017 issued by the Chief Secretary (For. & Envt), Government of Manipur, the petitioner was appointed as Chairman of Manipur Pollution Control Board with immediate effect and until further orders. The term of the office of the Chairman of MPCB as provided under Section 5 (1) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as “the said Act” for short) is of three years from the date of nomination
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.
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.
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