The State government, which appointed M. Sudhindra Rao as chairperson of the Karnataka State Pollution Control Board (KSPCB) on December 30, 2012, on Friday made a U-turn on its decision by telling the High Court of Karnataka that it was “wrongly” done as the rules for appointment to the post were not framed as per the apex court’s 2017 directions.
Mr. Rao, however, chose to defend his appointment by the government as his counsel sought time to file a statement of objection to the government’s contention.
Curiously, after contending before the court that the appointment of Mr. Rao could not have been done “wrongfully”, the government backed out from withdrawing the appointment order but insisted that it was better the court decided the issue while adjudicating the four PIL petitions — three questioning the legality of the appointment of Mr. Rao and one seeking directions to the Union government to frame rules for appointing chairpersons to the State Pollution Control Boards.
While the Additional Advocate-General, on instructions from officials, submitted that appointment could not have been made without framing rules as per the apex court’s judgment, the counsel representing Mr. Rao said he would oppose the government’s claim by filling statements. Mr. Rao’s counsel also pointed out to the court that the government simply cannot withdraw the appointment order as it had to follow the procedure prescribed under the law for removal of the chairperson.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi, which heard the petitions, recorded the submission made on behalf of the government and adjourned further hearing till March 17 after asking the counsel for the chairperson to file the statement of objection.
