HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2074 of 2019
 

 
Petitioner :- Pradeep Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Charlie Prakash,Kamal Krishna Roy
 
Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Vivek Varma,J.

This petition for writ is preferred to have a writ in the nature of quo warranto to get the Office of Chairman, Uttar Pradesh Pollution Control Board vacated by respondent no. 3, namely, Jayendra Pratap Singh (J.P.S. Rathaur).

According to the petitioner, respondent no. 3 is usurper of the Office of the Chairman being not possessing the qualification requisite under Section 4(2)(a) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "Act, 1974").

As per the averments contained in the petition for writ, respondent no. 3 is having the qualification of M.Tech from Banaras Hindu University, Varanasi and had been the candidate for Legislative Council from the Graduate Constituency of Shahjahanpur.

Section 4 of the Act, 1974 prescribes that the State Government shall with effect from the date appoint, constitute a State Pollution Control Board to exercise the powers conferred on and perform the functions assigned to that Board under the Act, 1974. The Board shall consist of several Members including the Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid. A Chairman is required to be nominated by the State Government and he may perform his duty either whole-time or part-time as the State Government may think fit.

A perusal of the provision aforesaid makes it clear that the person who is to be appointed as Chairman of the State Pollution Control Board is required to have special as well as practical knowledge relating to the environmental protection.

The petitioner before approaching this Court sought information as per provisions of Right to Information Act, 2005 from the Public Information Officer, Chief Minister's Office, State of Uttar Pradesh. In response thereto, no information has been supplied.

At this stage, we are not inclined to interfere in the matter as the allegation of not having eligibility or of respondent no. 3 being usurper of Office is not well founded. However, it is desirable that all necessary details which were taken into consideration by the respondent while making appointment of respondent no. 3 as Chairman, Uttar Pradesh Pollution Control Board be supplied to the petitioner.

The Principal Secretary to the Government of Uttar Pradesh, Department of Environment is directed to supply the details aforesaid to the petitioner within a period of 15 days from the date the petitioner presents a certified copy of this order with an application to have necessary details as per provisions of Right to Information Act, 2005.

With the directions as above, the petition for writ stands disposed of.

Order Date :- 18.12.2019 Shubham .

(Vivek Varma, J.)     (Govind Mathur, C.J.)