New Delhi: The Supreme Court on Wednesday made some strong observations against the decision of the Uttarakhand Chief Minister Pushkar Dhami to appoint Indian Forest Service (IFS) officer Rahul as director of Rajaji Tiger Reserve, despite disciplinary proceedings pending against him.
The apex court said, "We are not in a feudal era, Raja jo bole waise chale (whatever the kings, it will happen)", and added, "There is something called public trust doctrine…. just because he is Chief Minister can he do anything?"
A three-judge bench led by Justice B R Gavai and comprising Justices Prashant Kumar Misra and VK Viswanathan said: “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 was hearing the issue of illegal constructions and tree felling at the Jim Corbett National Park. The bench 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, is it matter of fact that 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….".
Justice Gavai said, "Right from the deputy secretary (points out), that departmental proceedings are initiated against him (Rahul) and CBI enquiry is there. 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 and all this is ignored by the Chief Minister".
Senior advocate ANS Nadkarni, representing the Uttarakhand government, defended the Chief Minister's decision, arguing that the "central empowered committee of the apex court never blamed him, the state police never blamed him, ED never blamed, and the CBI never blamed him….only thing against him is the disciplinary proceedings…".
Justice Gavai said, "Unless he is exonerated in the departmental proceedings, you cannot give him a certificate of a good officer or withdraw departmental proceedings against him….The Chief Minister cannot take decisions like, we are not in the feudal era. We are not in the feudal era, Raja jo bole waise chale (whatever the kings, it will happen). 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..."
"There is something called public trust doctrine…. just because he is Chief Minister can he do anything?”, Justice Gavai told Nadkarni. However, the bench did not pass any orders with respect to the Chief Minister.
The Uttarakhand 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?”, asked the bench, adding that unless there is prima facie material the departmental proceedings are not initiated.
The apex court was informed that the civil services board made 12 recommendations and Saket Badola was posted from Rajaji National Park to Jim Corbett National Park, then the post at Rajaji became vacant.
"Despite no recommendation, this decision was taken. This was a political decision…the order was passed without the civil services board recommending this posting," said senior advocate K Parameshwar, who is the amicus curiae in the matter.
Parameshwar said Rahul was already in-charge of IT and modernisation at PCS office and nobody was recommended by the board for the Rajaji Tiger Reserve.
Earlier, 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.
Following the transfer of Saket Badola, who was posted as Director of Rajaji National Park, it was decided to appoint Rahul to the Tiger Reserve. The apex court noted that on September 3, the Uttarakhand government withdrew the earlier posting of the IFS officer as the director of Rajaji National Park.
