Uttarakhand Chief Minister Pushkar Singh Dhami.
Credit: PTI File Photo
New Delhi: The Supreme Court on Wednesday questioned a decision of Uttarakhand Chief Minister Pushkar Dhami to appoint Indian Forest Service officer Rahul as Director of Rajaji Tiger Reserve, after he was previously removed from Corbett Tiger Reserve and faced disciplinary proceedings over allegations of illegal tree cutting.
"We are not in a feudal era that Raja jo bole waise chale (We are not in a feudal era that whatever the king says, it will happen)," a bench led by Justice B R Gavai said.
The bench pointed out there is something called public trust doctrine.
"Just because he is Chief Minister, can he do anything?" the bench, also comprising Justices Prashant Kumar Mishra and K V Viswanathan, asked.
The court observed, “The CM has gone against the advice of everyone, he does not consider all these objections. He (the CM) has to give reasons why (Rahul was appointed)? He (CM) is ignoring everything. He has to give a reason why he disagrees with the bureaucrat and the forest minister?”
The top court, which was hearing the issue of illegal constructions and tree felling at the Jim Corbett National Park, was informed that while departmental proceedings were pending against the IFS officer, he was appointed to the post of director at Rajaji National Park.
The bench asked if the forest minister and chief secretary had opposed his posting.
The Uttarakhand government counsel said, "The civil services board never recommended anybody for Rajaji Tiger Reserve."
The court noted that right from the deputy secretary, everyone pointed out that departmental proceedings are initiated against him (Rahul) and CBI enquiry is underway. Therefore, he should not be posted anywhere in the tiger reserve. That is endorsed by the deputy secretary and principal secretary. That is endorsed by the forest minister."
"All this was ignored by the Chief Minister," the bench said.
Senior advocate ANS Nadkarni on behalf of the Uttarakhand government defended the Chief Minister's decision, saying that the Central Empowered Committee of the Supreme Court, the state police, CBI, the ED never blamed him, and the only thing against the officer is the disciplinary proceedings.
"Unless he is exonerated in the departmental proceedings, you cannot give him a certificate of a good officer... When all the subordinate authorities point out to the CM, including the minister, on account of reasons, that he should not be posted at Rajaji, he (CM) just ignores," the bench said.
The government counsel said one cannot sacrifice a good officer against whom there is nothing.
"If there is nothing, why are you holding departmental proceedings against him?” the bench asked.
"Unless there is prima facie material, the departmental proceedings are not initiated," the bench observed.
Senior advocate K Parameshwar, amicus curiae in the matter, said the order was passed without the civil services board recommending this posting.
A controversy had erupted in Uttarakhand regarding the appointment of IFS officer Rahul as the new director of Rajaji National Park despite the official facing a probe by the CBI for his alleged involvement in illegal tree felling and construction in the Pakhro forest range of Jim Corbett National Park.