Former bureaucrats can’t be part of national environment panel

Former bureaucrats can’t be part of national environment panel
Meenal Dubey
New Delhi, February 17, 2009

It’s a legal blow to retired environment ministry bureaucrats.

Those among them lacking sound technical knowledge of environmental matters can no longer stake a claim on the membership of the National Environmental Appellate Authority (NEAA), which deals with appeals against environmental clearances.

While passing this order, the Delhi High Court directed the Centre to cough up a fine of Rs 20,000 for not appointing the chairperson of the NEAA despite a court order four years ago.

The NEAA was formed 12 years ago with a retired Supreme Court judge as chairperson, a vice-chairperson and two members. After the first chairperson retired, no one has filled his post since the last nine years and the vice- chairman is yet to be appointed since the last four years.

“We’re not happy with the manner of appointment of the NEAA members. The incumbents cannot be stated to be satisfying requirements of possessing technical expertise in NEAA Act. We don’t wish to disrupt their tenure since they are likely to demit office by this March. But we direct that hereafter the government will appoint persons with special technical knowledge in the area,” said the high court.

The HC has also directed that the NEAA chairperson will be given salary, allowances and other conditions of a sitting SC Judge. The court observed, “ We find the failure of the government to appoint a chairperson to the NEAA over last eight years inexcusable. The government's submission that it has made repeated offers to retired SC and HC judges to fill the post and that the chairperson should be given accommodation at par with an SC Judge and shortage of official accommodation has led to the post being vacant, does not impress the court. When it comes to other tribunals the government’s policy is different. The refusal of the finance ministry to make necessary changes has resulted in the NEAA remaining without a head for eight years. After making this court wait for a considerable period to change NEAA rules regarding pay and service of the chairperson, the government washed its hands off, compelling us to issue directions.”

The order came up after a petition was filed in May 2005 relating to an environmental case where a case was remanded back to the NEAA because it had “ adopted a hyper technical approach”. It was noted that the NEAA did not have a chairperson and so in September 2005, the court had directed the government to appoint one within 45 days.

But when this was not done, the petitioner, Vimal Bhai, filed a petition mentioning this and in February 2007, the central government said that a bill was pending before the Parliament which proposed that the NEAA be replaced by central and regional environment tribunals.

But this did not happen and last August, the HC directed the Centre to produce files related to the appointment of the chairman and vicechairman.

The government counsel responded some retired SC judges had been approached to head the NEAA but they had declined the offer.

Courtesy: Mail Today
Link: http://indiatoday.intoday.in/index.php?option=com_content&task=view&id=2...