TILESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGE in this writ petition is made to the order, issued under Memo No. 5299 dated 3rd November, 2006, removing the petitioner from the post of Chairman, Jharkhand State Pollution Control Board, Ranchi, (hereinafter to be referred as 'the Board') with immediate effect. Operation of the impugned notification was stayed by this Court vide interlocutory order dated 9th November, 2006. On completion of the pleadings and keeping in view the urgency involved, this matter was heard for final disposal. It may be useful to briefly notice the factual background, leading to filing of the present writ petition. After creation of the separate State of Jharkhand, State Pollution Control Board was constituted for the first time on 22nd January, 2003 with one Thakur Balmukund Nath Sahdeo as its first Chairman. His appointment as Chairman came to be challenged in W.P.(C) No. 1624 of 2002. A Division Bench of this Court set aside the appointment of the Chairman vide its judgment dated 15th May, 2002. Judgment of this Court, however, came to be stayed in S.L.P.(C) No. 19100 of 2002 vide order passed on 7th February, 2003. During pendency of the Special Leave Petition before the Hon'ble Supreme Court, three years' tenure of the then Chairman of the Board expired, necessitating appointment of the Chairman. The State Government vide its Memo No. 2971 dated 11th May, 2005 appointed the petitioner, Sri Tileshwar Sahu, as Chairman of the Jharkhand State Pollution Control Board, Jharkhand, Ranchi with the following conditions: (i) Sri Sahu will continue as the working Chairman of the Pollution Control Board till further orders and (ii) A separate order will be issued in respect to his service conditions.

(2.) WHILE the petitioner continued to hold the office of Chairman pursuant to the aforesaid order, State Pollution Control Board came to be reconstituted in terms of Section 4(1) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter to be referred to as 'the Act') vide Notification No. 107/2001 -920 dated 27th February, 2006. The preamble of this notification indicates that the State Pollution Control Board is reconstituted by repealing earlier Notification No. 03/2000 -394 dated 22ndJanuary, 2003. It further notifies the name of the petitioner as Chairman, having been appointed vide Notification No. 05/05 -2971 dated 11th May, 2005 and the names of other Members of the Board, appointed by the Government. Foot of the notification contains a stipulation that the tenure of the Members of the Board and other conditions, relating to service, shall be such, as specified under the Water (Prevention and Control of Pollution) Act, 1974.

(3.) COUNTER affidavit has been filed by the Deputy Secretary, Forest and Environment Department, Jharkhand, Ranchi. The only plea raised to justify the impugned notification is that the petitioner was appointed as working Chairman of the Jharkhand State Pollution Control Board till further orders vide Notification No. 2971 dated 11th May, 2005 and the State has all competence and jurisdiction to cancel the earlier notification, which has been cancelled vide the impugned order. When the matter came up for consideration on 16th November, 2006, learned Advocate General appearing for the State sought leave of the Court to fife additional counter, which was allowed. In the additional counter filed, various additional facts have been introduced, which are noticed hereunder: