High court suspends NGT order on Pollution Control Board chief’s appointment

  • | Saturday | 17th June, 2017

Most of the states have not complied with and have not taken steps to do the needful," it had added. "But this has not been done despite the fact that sufficient time for compliance of the judgment was granted. "We find that perhaps such averments escaped attention of the tribunal which led to formation of the opinion that despite ample opportunities, the state failed to comply with /implement the judgment/orders," the court observed.The NGT in its June 8 order had observed that post of the chairman of pollution control board/committee is of sensitivity and responsibility, as the entire environmental status of the state would depend on the functioning of the state pollution control board where the chairman is the head of the organization.It further observed that concept of adhocism/temporary posting/stop gap arrangement had been deprecated by the tribunal and it held that only duly qualified persons, with fixed tenure, are required to be appointed. SHIMLA: The Himachal Pradesh high court has suspended the operation of June 8 order of National Green Tribunal (NGT) in which directions were issued to the state pollution control boards to frame rules and regulations for the appointment of chairmen within two months and thereafter fill the post within a month.The tribunal had observed that in case they fail to complete the process and appoint chairmen within three months, the persons holding the post of chairmen of the respective State Pollution Control Board temporarily shall cease to function.Drawing attention of the division bench comprising acting chief justice Sanjay Karol and justice Sandeep Sharma , senior advocate B C Negi presented an affidavit filed by the additional chief secretary (environment, science & technology) to the government of Himachal Pradesh before the National Green Tribunal, New Delhi, wherein it was specifically mentioned that the process for making rules under the Water (Prevention and Control of Pollution) Act, 1974 for the appointment, educational qualifications and service conditions of the chairman and member secretary are under preparation by the state government and would be finalized after consultation with the advisory departments of the state government as also Public Service Commission.It was also pointed out that draft already stands prepared and it would take some time to finalize the same.

SHIMLA: The Himachal Pradesh high court has suspended the operation of June 8 order of National Green Tribunal (NGT) in which directions were issued to the state pollution control boards to frame rules and regulations for the appointment of chairmen within two months and thereafter fill the post within a month.The tribunal had observed that in case they fail to complete the process and appoint chairmen within three months, the persons holding the post of chairmen of the respective State Pollution Control Board temporarily shall cease to function.Drawing attention of the division bench comprising acting chief justice Sanjay Karol and justice Sandeep Sharma , senior advocate B C Negi presented an affidavit filed by the additional chief secretary (environment, science & technology) to the government of Himachal Pradesh before the National Green Tribunal, New Delhi, wherein it was specifically mentioned that the process for making rules under the Water (Prevention and Control of Pollution) Act, 1974 for the appointment, educational qualifications and service conditions of the chairman and member secretary are under preparation by the state government and would be finalized after consultation with the advisory departments of the state government as also Public Service Commission.It was also pointed out that draft already stands prepared and it would take some time to finalize the same."We find that perhaps such averments escaped attention of the tribunal which led to formation of the opinion that despite ample opportunities, the state failed to comply with /implement the judgment/orders," the court observed.The NGT in its June 8 order had observed that post of the chairman of pollution control board/committee is of sensitivity and responsibility, as the entire environmental status of the state would depend on the functioning of the state pollution control board where the chairman is the head of the organization.It further observed that concept of adhocism/temporary posting/stop gap arrangement had been deprecated by the tribunal and it held that only duly qualified persons, with fixed tenure, are required to be appointed."But this has not been done despite the fact that sufficient time for compliance of the judgment was granted. Most of the states have not complied with and have not taken steps to do the needful," it had added.

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