Top appointments in State Pollution Control Boards are under the scanner of National Green Tribunal (NGT), with the green bench directing State Governments and Union Territories to fill such vacancies within three months with candidates having requisite qualification and experience.
It also issued guidelines for appointments to the posts of Chairman and Member Secretary, saying the nominations should be of persons on the basis of their special knowledge, practical experience or qualification in environment protection studies and not their association with state government.
A bench headed by NGT Chairperson Justice Swatanter Kumar clarified that the State Governments/Union Territories shall constitute the Pollution Control Boards strictly in accordance to Section 4 of the Water Act and Section 5 of the Air Act, and the eligibility criteria.
“The post of Chairman/Member Secretary should be advertised and thrown open for all candidates irrespective of the fact whether they are in the government, academia or in private sector, so as to attract the best talent,” the bench said.
The tribunal further said that the Chairman or Member Secretary should have a fixed term, which should not be extended for more than one term. Such persons should not hold office in the Board in accordance to their tenure in State Government.
Once a person with requisite eligibility is appointed in the state pollution control board, he should be allowed to continue for full tenure unless there are charges of misconduct, the bench said. It would be extremely important for the government to ensure that this tenure remains unaffected by political and bureaucratic interference for the candidate to function fearlessly and in accordance to the mandate of the legislation as given under relevant Environmental Protection laws like Water Act, Air Act etc., the bench pointed out.
The judgment came on a plea filed by a resident from Uttarakhand Rajendra Singh Bhandari, challenging the constitution of state pollution control boards on the ground that people who did not qualify were appointed as Chairman, Member Secretary and Members of these boards. According to the plea, these appointments are bound to affect environmental issues seriously as the entire regulatory regime depended on the effective working of these boards.