ORDER 25.07.2011 — Heard Mr. Mishra, learned counsel for the petitioner and the learned Additional Standing Counsel on behalf of the State. In this application under Section 482 Cr.P.C., the petitioner-State Pollution Control Board, Orissa has sought to challenge the order dated 11.11.2010 (Annexure-2) passed in 2(C).CC Case No.23 of 2010, whereby, the learned S.D.J.M., Jagatsinghpur came to hold that the advocate appointed by the Pollution Control Board could not be permitted to prosecute the proceeding on its behalf in absence of any Notification and directing the A.P.P. of that Court to conduct the case. Mr. Mishra, learned counsel appearing on behalf of the State Pollution Control Board draws the attention of the Court to Sub-rule-15 of Rule-17 under Chapter-VII of the Orissa Water (Prevention and Control of Pollution) Rules, 1983 published in the Orissa Gazette, Extraordinary dated 12.12.1983 whereby the Member-Secretary of the Board is empowered to engage legal advisors, Advocates, Attorneys for protecting or assisting the business of the Board on terms and conditions to be approved by the Board. It is stated that under Annexure-5 to the present petition, the Board has notified under Section 19(a) of the Environment (Protection) Act, 1986 authorising the Chairman or Member-Secretary of the Pollution Control Board for taking cognizance of the offences and launching prosecution. In the case at hand, 2(C)CC Case No.23 of 2010 was filed before the Court of the learned S.D.J.M., Jagatsinghpur by the State Pollution Control Board against Opp. Parties 2 and 3 under Section 15 of the Environment (Protection) Act, 1986 for contravention of Rules-5,6,8 and 10 of the Bio Medical Waste (Management & Handling) Rules, 1998. In the light of the aforesaid provisions, it is clear that under Section 19(a) of the Environment (Protection) Act, 1986, the State Pollution Control Board is empowered to take necessary penal action. Under sub-rule-15 of Rule-17 of the Orissa Water (Prevention and Control of Pollution) Rules, 1983, the Member-Secretary has authority to engage Legal Advisors and Advocates for protecting the interest of the Board. Under sub-rule-15 of Rule-17 of the Orissa Water (Prevention and Control of Pollution) Rules, 1983, the Member-Secretary has authority to engage Legal Advisors and Advocates for protecting the interest of the Board. In view of the fact that the Bio Medical Waste (Management & Handling) Rules, 1998, came to be enacted by the Central Government, in terms of the power conferred on it by Sections 6,8 and 25 of the Environment (Protection) Act, 1986, there can be no controversy whatsoever about the authority of the State Pollution Control Board to engage Advocates to protect the interest of the Board and to prosecute the offenders under the Environment (Protection) Act, 1986 and Rules made thereunder. In view of the above, the CRLMC is allowed, the impugned order dated 11.11.2010 (Annexure-2) is quashed. The learned counsel engaged by the State Pollution Control Board shall be permitted to conduct/prosecute the case on behalf of the Board. Urgent certified copy of this order be granted on proper application. CRLMC allowed.