DR. M.SUDHEENDRA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who was appointed as the Chairman of second respondent-Karnataka State Pollution Control Board [hereafter "KSPCB"] vide Notification dated 30.12.2019 at Annexure-A, is knocking at the doors of writ court for calling in question the Notification dated 02.05.2020 at Annexure-B, issued by the first respondent- State (hereafter "Government") whereby, his Chairmanship has been determined by virtue of resignation allegedly given by him.

(2.) After service of notice, Government is represented by the learned AAG Sri.Dhyan Chinnappa and it has filed the Statement of Objections resisting the Writ Petition; the KSPCB is represented by the learned Senior Advocate Mr.Ashok Haranahalli; there are Advocates on record for the respective parties.

(3.) Learned Senior Advocate Mr.P.S. Rajagopal appearing for the petitioner strenuously argues that: (i) some loose sheets of papers containing petitioner's signatures having been misused by the quarters that be, a resignation letter dated 02.05.2020 is fabricated vide Annexure-E; (ii) the Government having wrongly treated it to be the resignation, has accepted the same vide impugned Notification; and (iii) the resignation letter could not have been acted upon by the Government since it was not addressed to it as required u/s 5(4) of the Water (Prevention and Control of Pollution) Act, 1974 [hereafter "1974 Act"]; however, the first contention as to authorship of the alleged resignation letter has been given up, regard being had to the nature and scope of writ jurisdiction, although not conceding it; he has relied upon a set of Rulings in support of his case.