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Dr. Shyam Nandan Kumar Mishra v. D.M., Ballia & Others - WRIT - C No. 19652 of 2003 [2006] RD-AH 3907 (20 February 2006)


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Court no.10

                    Civil Misc. Writ Petition No. 19652 of 2003

Dr. Shyam Nandan Kumar Mishra                  .........Petitioner


District Magistrate, Ballia and others             ..........Respondents.


20-2-2006    Hon'ble A. K. Yog, J.

Hon'ble Prakash Krishna, J.

Glaring feature of the case emerging on record is that U.P. Pollution Control Board and its Chairman not only ignored the directions of the Central pollution Control Board with impunity but also went out of their way to shield its erring officials in spite of Court orders. Under these circumstances, this Court  was constrained to direct Central Pollution Control Board to engage another counsel and later directing for personal appearance of Chairman of both Central and U.P. Pollution Control Board.  

Chairman, Central Pollution Board, Dr. V. Raj Gopalan present in Court. According to him one Mr. N.S. Tiwana, Former Chairman Central Pollution Control Board, after a thorough enquiry, submitted a detailed report-February 2006 which is part of his supplementary Affidavit.  Copy of the report be taken on record.  

Personal appearance of Dr. V. Raj Gopalan is exempted till further orders.  

Chairman, U.P. Pollution Control Board, Rajendra Singh Chauhan, is also present in Court. He has filed his affidavit in compliance to the Court order dated 11.8.2005, mentioning  that four persons, namely, Dr. G.N. Mishra, Radhey Shyam, Ms. Nishi Sethi and Rejeshwar Mishra (referred in Para -2A of said Affidavit) have been suspended.

We  find no reference of Ms. Nishi Sethi/P.A to CEO  and Rejejeshwar Mishra, Noter and Drafter in para  para 7.1 & 7.2 of the 'High Power Committee Report'.

Dr. H.N. Tripathi, Advocate  and Sri K.P. Shukla, Advocate  representing two Pollution Control Boards, U.P. and Central concede that those (Ms. Nishi Sethi and Rajeshwar Mishra) find no mention in said enquiry report.

In view of the above, we find that act of suspension of aforesaid two persons (namely Ms. Nishi Sethi, P.A.  to CEO and Rajeshwar Misra, Noter and Drafter), leaving real guilty persons,  is uncalled and such an act was to side-track the Court order with an object to shield the guilty. If in future, anything found against them in enquiry, action be taken. At present we find no justification to suspend them. Learned counsel representing both the Pollution Control Boards admit aforesaid position.  

We would like to place on record that suspending innocent persons, whose involvement is nowhere shown on record and shielding/exempting persons involved in the matter and /or responsible for the offence, as prima facie found by this Court in its earlier orders, shows collusion or apathy on the part of those in command of the two Pollution Control Boards.

Suspension of the aforesaid two persons namely Ms. Nishi Sethi and Rajeshwar Mishra is declared inoperative and to be kept in abeyance forthwith. This Court further directs the Respondents to restore their position-status quo ante- prior to suspension and pay their arrears of their emoluments  forthwith.

Rajendra Singh Chauhan, Chairman, U.P. Pollution Control Board has assured the Court that guilty shall not be protected and disciplinary enquiry against erring officials shall be completed faithfully and as expeditiously as possible and ensure that Pollution Control Board serves its statutory object.

The  State Government of U.P. shall also look into the matter and to take steps to  ensure that such an organisation is not a 'mockery' and a 'gimmick' only.  

Functioning of Chairman must be accountable. Court shall also consider to appoint a Chairman who possess requisite high qualification and experience in the field as well in the administration.  U.P Pollution Control Board has miserably failed to achieve its object so far. For the people of this State- it is nothing but a white-elephant.  

Personal appearance of Sri Rajendra Singh Chauhan, Chairman, U.P. Pollution Control Board is exempted for the time being subject to further orders of the Court.

Dr. H.N. Tripathi, Advocate representing U.P. Pollution Control Board stated that the matter of Disciplinary Enquiry against erring officials has been referred to the State Government for seeking requisite approval and initiation of appropriate action. It is also stated that two officers (R. K. Singh and Siddiqui) have been suspended and attached at Lucknow.  

Sri S.M. A. Kazmi, learned Additional Advocate General is present  and he is required to communicate  this order to the State Government within one week so that all 'Bottle-necks ' in holding and completing said Disciplinary Enquiry are removed.  Government shall ensure that Enquiry Officer is an impartial person and it can ask Central Pollution Central Board to suggest names for it and requisite sanction granted in the matter. Dr. H.N. Tripathi shall bring on record detailed up to-date progress by means of supplementary affidavit to be filed within three weeks from today after serving a copy of the same on the learned counsel for the petitioner.

Sri S.M.A. Kazmi shall also inform the Court about enquiry and disciplinary action taken against Sri S.P. Dixit the then District Magistrate, Ballia.

List on 27.3.2006.

A Copy of this order shall be given to Sri S.M.A. Kazmi, Additional Advocate General within three days.  




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