N S TIWANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed to quash the Notification No.S.O.813(E) dt. December 2, 1991, and Not ification No. S.O. 814(E) of the same date as well as for quashing the communication dated December 3, 1991, repatriating the petitioner to his home State and for directing the respondents to allow the petitioner to continue to function as Chairman of Central Pollution Control Board.

(2.) The petitioner was working in the field of Environment since March, 1983, when he was appointed as Member Secretary to the State Pollution Control Board, Punjab. It is further stated in the petition that since that time the petitioner was working in the field of Environment and was being identified as one of the top Environmentalist in the country. He is also known at international level in the field of Environment and has distinction of under taking special assignment of World Health Organisation in Sri Lanka for planning the environmental Pollution Control measures to be adopted by that country. The petitioner was working earlier in the Department of Public Health in the State of Punjab since 1964. In that capacity he designed three major sewerage plants in Punjab and Himachal Pradesh. In view of the special interest of the petitioner in the field of Environment, he was shifted from Department of Public Health in the year 1983 to the Environment field and joined the State Pollution Control Board, as Member Secretary of the State Pollution Board, Punjab and continued to hold such posttill August, 1989. He was thereafter appointed as Director Environment. During his tenure the petitioner did pioneering work in the field of Pollution Control and prevention and his efforts in this regard were acknowledged byvarious other State Pollution Control Boards. The petitioner started practice of putting up demonstration plants in small scale industries. In the World Bank Loan Schemes signed by Government of India in September, 1991, the demonstration plants was one of the main components. He was appointed as director (Environment), Punjab State Council of Science and Technology in August, 1989, and continued to function as such till October 10,1990.

(3.) It is further averred in the writ petition that sometimes in the year 1988, the Ministry of Environment and forests advertised for the post of full time Chairman of Central Pollution Control Board (hereinafter referred as the Central Board). The relevant portion of advertisement reads as follows :