LAISHRAM RADHAKISHORE SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Impugning the proceedings dtd. 14/7/2022 issued by the Additional Secretary (Forest, Environment and Climate Change), Government of Manipur, alleging it to be in violation of Ss. 5(3) and 6(2) of the Water (Prevention and Control of Pollution) Act, 1974 and Rule 2(iii)(b) of the Rules framed by the Forest, Environment and Climate Change Department, Manipur as per the notification dtd. 8/7/2021, the present writ petition has been filed. A direction has also been sought on the respondent authorities to dispose of the representation preferred by the petitioner on 12/4/2022.

(2.) The facts in a nutshell are as under: The petitioner was appointed as the Chairman of the Manipur Pollution Control Board by an order dtd. 24/3/2017 as per Sec. 4(2)(a) of the Water (Prevention and Control of Pollution) Act, 1974. During the currency of the tenure of the petitioner, Rules were framed under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1982 pursuant to the judgment and order dtd. 22/9/2017 passed in Civil Appeal No. 1359 of 2017 by the Hon'ble Apex Court, wherein a specific direction was given to all the States/ Union Territories to frame appropriate guidelines or recruitment rules for appointment of Chairman and Member Secretary of the State Pollution Control Boards/Pollution Control Committees. Thus, the Rules for the Appointment of Chairman of Manipur Pollution Control Board, 2021 were framed. Consequent to the framing of the aforesaid Rules, the Manipur Pollution Control Board has been reconstituted by an order dtd. 30/7/2021 consisting of Eleven Members, including the petitioner as Chairman of the said reconstituted Board, under Sec. 4 of the Water (Prevention and Control of Pollution) Act, 1974.

(3.) The petitioner, apprehending removal from the present post of Chairman, Manipur Pollution Control Board, preferred two representations - one to the Hon'ble Minister, Manipur and the other to the Chief Secretary, Government of Manipur on 12/4/2022, requesting them to permit him to continue in the said post for a period of three years with effect from 30/7/2021 to 30/7/2024 in terms of the notification dtd. 8/7/2021 issued by the Additional Chief Secretary (Forest and Environment), Government of Manipur. According to the petitioner, the said representations are still pending consideration.