HEMANTA KUMAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The selection of the Respondent No.4 and his appointment on the basis thereof to the post of Member Secretary of the Pollution Control Board, Assam ( hereafter for short referred to as the 'Board') has been subjected to challenge in the instant proceeding. In that selection, the petitioner was a candidate amongst others contending for the said post. Initially, by order dated 30.4.2009 this Court restrained the official respondents from acting on the joining report of the Respondent No.4. Later on, while issuing Rule, the prayer for continuance of the said interim relief was declined.

(2.) I have heard Mr DK Mishra, Senior Advocate assisted by Mr AM Bujorbaruah, Advocate for the petitioner, Mr BJ Ghosh, learned State counsel for the Respondent No.1, Mr AK Goswami, Senior Advocate for the Board and Mr SS Dey, Advocate assisted by Mr M Nath, Advocate for the Respondent No.4.

(3.) The petitioner's commentary of facts discloses that he was appointed as an Assistant Engineer in the Board on 28.3.1977 and was thereafter promoted as Environmental Engineer on 18.8.1981. He further rose to the post of Senior Environmental Engineer on 30.1.89. According to him, the Respondent No.4 is junior to him, he having joined the Board as an Assistant Engineer on 4.1.1979 and promoted as Senior Environmental Engineer on 26.5.2003. Following a spate of litigations involving the post of Member Secretary of the Board on various grounds, this Court finally by its order dated 26.6.2007 passed in WP(C) No.3133/2007 instituted by one Kalyan Shankar Chakraborty, left the authorities of the Environment and Forest Department, Govt. of Assam to work out the specified norms of eligibility on the basis of the relevant provisions of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 as well as the recommendations of the Supreme Court Monitoring Committee for selection to the post of Member Secretary and to complete the process within the time limit as fixed thereby. It was further directed that after the selection proceedings are over, the outcome thereof would be placed before the Court in a sealed cover for such further orders that may be considered necessary. The reservation expressed in WP(C) No. 3144/2007 with regard to the participation of the then Chairman of the Board in the proceeding of the Selection Committee was not entertained and this Court refrained from passing any order restraining him from taking part in its deliberations. Noticing that a time frame had been fixed by it for completion of the selection process for appointment to the aforementioned post , it permitted the Commissioner and Secretary to the Government of Assam, Environment and Forest Department ( hereafter referred to as the 'department') to discharge the duties thereof in the interregnum.