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Informist, Wednesday, Sep 4, 2024

 

NEW DELHI – The Supreme Court today pulled up Uttarakhand Chief Minister Pushkar Singh Dhami on his decision to appoint Indian Forest Service officer Rahul as field director of the Rajaji Tiger Reserve despite objections from the chief secretary and forest minister, and pending disciplinary proceedings and adverse reports against him. 

 

The Bench of Justices Prashant Kumar Mishra, B.R. Gavai, and K.V. Viswanathan said that there "was something like a public trust doctrine in this country". Justice Gavai said that the heads of the executive cannot be expected to be old-day kings, whatever they say they will do. "We are not in a feudal era, 'jaisa rajaji bole waisa chale'. When all the subordinate authorities pointed out to the notice of the Chief Minister, he (Dhami) just ignores it and says no," said Justice Gavai.

 

The court said that there was a specific note to the Deputy Secretary that the departmental proceedings were initiated against Rahul and a Central Bureau of Investigation enquiry was underway and, therefore, he should not be posted anywhere in the tiger reserve. "That is endorsed by the Deputy Secretary, that is endorsed by the Principal Secretary, that is endorsed by the Forest Minister, and this is all ignored by the Honorable Chief Minister," said the apex court. 

 

Advocate A.N.S Nadkarni, appearing for the state government, defended the Chief Minister's decision and said that he had the discretion to make such appointments. To this, the top court said that at least there should have been some application of mind with reasons in writing when the Chief Minister differed from his minister and the chief secretary. "Just because he is Chief Minister can he do anything? Either that officer should be exonerated or the departmental proceedings dropped," said the court.

 

Initially, the top court was directing the chief minister to file an affidavit explaining his decision. However, later the state government said that it would provide a detailed explanation in the next hearing. The top court agreed with the state government's stand.  

 

Last month, Dhami handed the charge of Rajaji Tiger Reserve to Rahul even after he was removed two years ago as the head of Corbett Tiger Reserve following the Uttarakhand High Court taking note of illegal tree felling and construction there. In 2022, the Uttarakhand government had removed Rahul from the post of Corbet's director after the high court's order to take action against officials responsible for the illegal activities. In 2023, the issue had reached the apex court, which came down heavily on the state government and directed that a panel be set up to suggest ways for repairing the ecological damage.

 

The top court's remark today came on a report by the Central Empowered Committee, formed by it to oversee forest related matters. The committee said that the appointment of the officer prima facie did not install confidence in the stakeholders involved in wildlife conservation. The committee said that the case regarding irregularities in Corbett Tiger Reserve is still under consideration in the apex court and the disciplinary proceedings against Rahul were still pending. The top court was today also informed that the state government had withdrawn its order regarding the posting of Rahul as director of Rajaji National Park on Sep 3.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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