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2019 DIGILAW 801 (SC)

Uttarakhand Environment Protection And Pollution Control Board v. Mahendra Singh

2019-02-22

A.K.SIKRI, S.ABDUL NAZEER

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ORDER 1. Delay condoned. 2. Leave granted. 3. This appeal is preferred by the Uttarkhand Environment Protection and Pollution Control Board which is aggrieved by Direction Nos. 'e' & 'h' of the impugned order. These directions read as under: "e. The Secretary of the respondent no. 3-Board is directed to initiate disciplinary proceedings against officers/officials in whose tenure the large scale untreated industrial effluent was discharged in the play ground and in the adjoining fields, within a period of three months from today, even if, the employees have retired. h. It shall be the responsibility of the Secretary, State of Uttarakhand, Pollution Control Board to ensure that each and every E.T.P., S.T.P. and C.T.P. functions 24 hours x 7 days throughout the State of Uttarakhand. The Court will not hesitate to put the Secretary under suspension, if degradation of the environment and ecology in any area is reported to the Court." 4. Insofar as direction 'e' is concerned, it is contended by Mr. Tushar Mehta, learned Solicitor General, that affidavit dated 16.09.2015 was filed before the High Court clearly stating the action which was taken by the concerned officers and in view thereof it cannot be said that they were at fault and, therefore, there is no necessity to pass such direction. We have gone through the said affidavit and are satisfied that no such direction should be given. 5. As far as direction 'h' is concerned, we may only point that it is not within the power of the High Court to put the Secretary of the Government under suspension. In view thereof both the abovesaid directions, namely, directions 'e' & 'h', of the impugned order are hereby set aside. We are conscious of the fact that this order is passed without notice to the respondents. In fact, as far as these directions are concerned, the respondents may not have any role therein and keeping in mind these circumstances the aforesaid order is passed. 6. Notwithstanding the same, in case the respondents still feel aggrieved they may approach the Court by filing an appropriate application. The appeal is disposed of accordingly.