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2020 Supreme(Online)(NGT) 127
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sheo Kumar Singh, J, Satyawan Singh Garbyal, EM, Nagin Nanda, EM
Aditya N. Prasad & Ors. – Appellant
Versus
Union of India & Ors. – Respondent
Execution Application No. 12/2019 | O.A No. 215/2014
For the Appellants/Petitioners:Mr. Raj Panjwani, Senior Advocate
For the Respondents:
The Tribunal underscored the government's accountability in enhancing forest management strategies, emphasizing the necessity for effective recruitment and infrastructure improvements.
Headnote:(A) National Green Tribunal Act - Sections related to enforcement of tribunal orders. - Enhancement of staff strength and infrastructure for the Forest Department - Issues raised regarding recruitment delays and compliance to earlier Tribunal orders. - The counsel for the applicant pointed out the lack of a State Forest Service and concerns on the slow recruitment process. - The Tribunal noted substantial progress and left the unresolved governance issues to be dealt with by the Delhi Government. (Paras 1-5)
(B) Judicial Review - Scope of regarding administrative oversight and governance issues as directed by legal mandates set forth by the Tribunal, focusing on the accountability of the Delhi Government to ensure effective forest management. (Paras 3-5)
Facts of the case:
Applicant filed for enhancement of staff and infrastructure due to non-compliance with a previous Tribunal order. The PCCF reported actions taken for recruitment amidst delays attributed to the lockdown and ongoing processes.
Findings of Court:
The Tribunal recognized the substantial progress made and encouraged further improvement while directing remaining issues to be handled by the Delhi Government.
Issues: Recruitment delays and governance concerns regarding the Forest Department's effectiveness were central.
Ratio Decidendi: The Tribunal affirmed that governance matters are to be resolved by the concerned governmental authority while acknowledging existing progress.
Result: Application disposed of with expectations for improved governance.
| Table of Content |
|---|
| 1. assessment of steps for enhancing forestry staff and infrastructure. (Para 1 , 2) |
| 2. overview of compliance report concerning staff vacancies. (Para 3) |
| 3. emphasis on governance and resolution of minor administrative issues. (Para 4 , 5) |
ORDER
1. The issue for consideration is the steps for appropriate enhancement of staff strength and infrastructure for the Forest Department in terms of order of this Tribunal dated 10.12.2015.
2. The matter was dealt with earlier on several occasions and finally on 2.7.2020, after reviewing the status of compliance in the light of report of the PCCF, Delhi on 17.06.2020, it was observed:
“3. Accordingly, a further report has been filed by the PCCF, Delhi on 17.06.2020 mentioning that while certain steps have been taken, further steps have been delayed on account of lockdown. The applicant has filed objections to the said compliance report.
4. Without going into rival contentions whether delay is justified, let a further action taken report be filed before the next date by the PCCF, Delhi by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
3. Accordingly, the PCCF, Delhi has filed compliance report dated 08.11.2020 as follows:
“I. That in compliance of the order dated 02/07/2020 of the Hon’ble National Green Tribunal (NGT) in Execution Application No. 12/2019 (earlier OA No.215/2014) in the matter of Aditya N. Prasad & Ors Vs Union of India & Ors, the following actions have been taken to enhance the strength and infrastructure of the Department of Forests and Wildlife, Govt. of NCT of Delhi, in the intervening period:-
A) Filling up of sanctioned posts The sanctioned posts were taken out of the purview of the Delhi Subordinate Services Selection Board (DSSSB) and the Department of Forest and Wildlife, Government of NCT of Delhi undertook the process of recruitment of total 226 vacant sanctioned posts of 4 Forest Rangers, 211 Forest Guards and 11 Wildlife Guards. The online testing and assessment services were outsourced to EdCll (India) Ltd, a Mini-Ratna Public Sector Enterprise under the Ministry of Human Resource Development, Government of India on 14.11.2019. The online recruitment examination for Forest Ranger, and Wildlife Guards were completed on 15th March and 16th March 2020 respectively. The online examination for Forest Guards was scheduled to be held during 18-24 April, 2020; but could not be held and was postponed indefinitely due to the corona virus pandemic crisis.
The steps taken towards filling up of other posts are presented below:
B) Status report in respect of para-6 of order dated 19/09/2019
4. The applicant has filed objections to the report to the effect that there is no State Forest Service, no feeder cadre for promotion, non- fulfilment of posts by deputation as far as the posts of Assistant Forest Conservator of Forests are concerned. There are also objections about the posts of Wildlife Inspectors, Deputy Forest Ranger, Veterinary Doctor, Legal Advisor-cum-Consultant, Forester, Ministerial Staff, Additional Space for Department Headquarter and Night Vision Goggles. It is submitted that there is slow progress in the recruitment. The PWD, Delhi Government should provide additional office space and give land for integrated headquarter as per recommendations of the National Forest Commissioner, 2006.
5. The issue basically being of governance, in view of substantial progress, further surviving issues pointed out by the applicant can be left to be dealt with by the Delhi Government.
Accordingly, the application will stand disposed of with the hope and expectation that the concerned authorities will revamp the Forest Department appropriately for meaningful enforcement of rule of law.
