The Hindu : Karnataka / Bangalore News : Removal of KSPCB Chairman set aside

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Saturday, Dec 10, 2005

Karnataka

Karnataka - Bangalore

Removal of KSPCB Chairman set aside

Staff Reporter

High Court rebukes Government, orders reinstatement of Bhoomanand Manay

BANGALORE: The Karnataka High Court on Friday ordered the reinstatement of the Chairman of the Karnataka State Pollution Control Board (KSPCB).

The court criticised the Government and the conduct of Chief Minister N. Dharam Singh in removing Bhoomanand Manay as KSPCB Chairman and ordered his reinstatement. It directed the State Government and its authorities not to interfere with his functioning as the board chairman.

Mr. Manay had moved the court after his resignation was sought by the Government. He said the Krishna Government nominated him as KSPCB Chairman on February 26, 2004. On May 12, 2004, a notification was issued in which it was clarified that his term was three years from February 26, 2004 or until further orders.

On August 19, 2004, Mr. Manay said he received a communication from the Chief Secretary saying that all nominated non-official members, directors and chairpersons should immediately submit their resignation.

He wrote to the Chief Secretary twice clarifying the legal position as to his appointment and about the term of office. There was no reply. Later, he was informed about a general letter/circular of July 22, 2005 saying that those who did not resign are regarded as having been relieved.

Mr. Manay said he was neither relieved nor had he submitted his resignation at that time. After the Chief Minister's letter was brought to his notice, he wanted to avoid confrontation and, therefore, handed over charge to the Secretary of the Department of Ecology and Environment.

Taking to task the Government for arbitrarily removing the petitioner, Justice N. Kumar allowed the petition, ordered Mr. Manay's reinstatement and observed that the office of the Chairman had not become vacant when the petitioner handed over charge.

In another case, a Division Bench partly allowed a petition by H. Srinivas, who was suspended from service as Assistant Drugs Inspector, Bangalore, and in an interim order directed the State Government to continue him in the post of ADI for four weeks.

The petitioner said the Government had falsely held him responsible for a newspaper report on raids conducted by him to unearth spurious drugs in Bangalore.

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