JUDGMENT Sanjay Karol, A.C.J —Mr. Ashok Sharma, learned Advocate General points out that the issue of formation of clusters and disposal of the municipal solid wastes, in accordance law, is now is subject matter of CWPIL No. 269 of 2017. 2. We notice that the instant petition was registered on the basis of news item dated 05.04.2017 to the effect that Pollution Control Board had sought permission from the Government to prosecute the erring officers/officials. 3. From time to time in the instant petition, we had been issuing certain directions. In fact, on 23rd April, 2018, we had issued following directions:- "The instant petition was initiated on the basis of a news report, highlighting inaction on the part of various functionaries/instrumentalities of the State in complying with the environmental laws and not taking steps for granting sanction for prosecuting the erring officer(s) / official(s) . In the State of Himachal Pradesh, there are 61 urban local bodies, including cantonment boards and as per the news report, contrary to the provisions of law, municipal solid waste is allowed to be dumped in open, more so along the river side. Unscientific disposal of the municipal solid waste has only aggravated the problem of environmental degradation. On 4th of July, 2017, we had directed the Deputy Commissioners of all the Districts, falling within the State of Himachal Pradesh, to file their personal affidavits, stating the progress with regard to the process initiated for taking action against the erring officer(s) /official(s) , including grant of prosecution sanction. Taking note of such affidavits, on 23rd of October, 2017, we passed the following order:- "One of the grievances pointed out by the learned Amicus Curiae is inaction on the part of the respondent-State/authorities in considering grant of sanction for prosecuting the erring officials/officers, who were posted as Executive Officers, Municipal Council, Chamba and Parwanoo at the relevant time. From the affidavits filed by the Chief Secretary, Government of Himachal Pradesh and Principal Secretary (Environment Science & Technology) , Government of Himachal Pradesh, it is not disputed that such action is pending consideration. In fact, our attention is invited to communication, dated 29th July, 2016, that of the Member Secretary, H.P. State Pollution Control Board, requesting for grant of prosecution sanction. In fact, our attention is invited to communication, dated 29th July, 2016, that of the Member Secretary, H.P. State Pollution Control Board, requesting for grant of prosecution sanction. Also, Principal Secretary (Environment Science and Technology) , Government of Himachal Pradesh in his affidavit does state that matter is pending consideration with the Department of Urban Development. Why no decision stands taken till date remains unexplained. Is it that the State is actually shielding such officials/officers? Is it that in fact such officials/officers have not committed any criminal act? Or is it that State will allow status quo to continue for an unending period, unmindful of the fact that non disposal of garbage is otherwise affecting the environment and ecology, apart from the environment laws being flouted with impunity. Under these circumstances, we direct the Chief Secretary, Government of Himachal Pradesh to ensure that the authorities concerned do take appropriate decision within next two days. List on 27th October, 2017, by when an affidavit of compliance be filed." On 26th of October, 2017, Mr. Tarun Kapoor, Additional Chief Secretary (Environment, Science and Technology) , to the Government of Himachal Pradesh filed his personal affidavit informing the decision taken of not granting sanction to prosecute the officer(s) /official(s) concerned. Quite apparently, such decision was taken by the Additional Chief Secretary (Urban Development) , to the Government of Himachal Pradesh while passing order dated 26th of October, 2017. The reasons for not granting prosecution sanction, briefly assigned are as under:- "Now, therefore, in view of compelling reasons such as; Multiplicity of officers having held charge of MC Chamba, over a short period of time. Record/letters provided by the MC Parwanoo to the Director, Urban Development with respect to works/steps initiated by MC Parwanoo for sewerage connectivity and to initiate tenders to get their sewerage lines repaired. Limited decision making authority vested in the Executive Officers of the Municipalities. Greater role of HPPCB, as enshrined in Water Act, 1974, to prevent pollution of water sources, the role of facilitator and advisor that the HPPCB is expected to play under EP Act and MSW rules, which cannot be overlooked. I, am of the considered opinion that prima facie steps have been initiated for sewerage and MSW/garbage disposal. However, action needs to be accelerated with respect to both aspects to have better and clean environment in the cities. I, am of the considered opinion that prima facie steps have been initiated for sewerage and MSW/garbage disposal. However, action needs to be accelerated with respect to both aspects to have better and clean environment in the cities. Thus, the department is of the view that prosecution sanction against the officials of MC Chamba and MC Parwanoo under Section 197 of Cr.P.C, as sought by Member Secretary, HPPCB cannot be granted." We notice that at least with respect to two municipal areas, i.e. Municipal Committee, Chamba and Municipal Committee, Parwanoo, the regulator i.e. Himachal Pradesh State Pollution Control Board has initiated action for taking appropriate steps against the erring officer(s) / official(s) . Mr. Tara Singh Chauhan, learned Counsel informs that with respect to Municipal Committee, Chamba, similar endeavour, though unsuccessfully, was also made in the year 2002. However, in so far as the proposed action is concerned, the regulator emphatically wants the matter to be taken to its logical end and that being prosecution of the erring officer(s) /official(s) . Before we express any opinion on the merits of the matter, more so, order dated 26th of October, 2017, passed by the Additional Chief Secretary (UD) to the Government of Himachal Pradesh, we only direct the Chief Secretary to the Government of Himachal Pradesh, to have the matter examined afresh and at length, in terms of our earlier order dated 23.10.2017 and take appropriate decision within one week. In Court, Mr. Tara Singh Chauhan, learned Counsel wants us to examine certain files indicating that not only the concerned erring officer(s) /official(s) were sent on tour but also sensitized and made aware of various action plans and statutory provisions pertaining to the environmental laws. Before we examine the same, it is only appropriate that the said material is placed before the appropriate authority. We direct the regulator to place additional material in support of its request for grant of prosecution sanction with the appropriate authority within a period of two days so as to enable the Chief Secretary, Government of Himachal Pradesh to take an appropriate decision." 4. Today, we are persuaded by learned Advocate General to close the present matter with the assurance that even though Government has taken a decision of not according sanction for prosecuting certain officers/officials, but nonetheless, the matter shall be considered and examined afresh, if so required, in accordance with law. 5. Today, we are persuaded by learned Advocate General to close the present matter with the assurance that even though Government has taken a decision of not according sanction for prosecuting certain officers/officials, but nonetheless, the matter shall be considered and examined afresh, if so required, in accordance with law. 5. We clarify that all issues are left open to be considered and decided in an appropriate proceedings. 6. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Bimal Gupta, learned Senior Counsel as Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 7. Registry is directed to send a copy of this judgment to the Chief Secretary, Government of Himachal Pradesh and Member Secretary, Himachal Pradesh State Pollution Control Board for necessary action.