The High Court of Karnataka on Thursday stayed the State government’s August 31 corrigendum, which resulted in abruptly ending the tenure of Karnataka State Pollution Control Board’s chairperson Shanth A. Thimmaiah.
While permitting Mr. Thimmaiah to continue as chairperson of the Board till further orders, the court restrained him from taking any policy decision till the court decides the legality of both the government’s corrigendum ending his tenure as well as the notification issued by the government on November 15, 2021, appointing him to the post.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit passed the interim order while hearing the petition filed by Mr. Thimmaiah questioning the corrigendum and the PIL petitions, in which the court was monitoring framing of guidelines by the government for appointing chairperson and members for the KSPCB as per the law and the judgments of the apex court.
Meanwhile, the Bench made it clear that in case of any urgency in on taking policy decision the parties can approach the court to seek permission.
Also, the Bench clarified that allowing Mr. Thimmaiah to continue in the post should not be treated as approval for his appointment made in November 2021 while pointing out that he is being allowed to continue as he was the best suitable candidate identified in the selection process undertaken in 2021.
However, whether his appointment was finalised with due permission from the court then or was it in conformity with the rules were to be tested during the final hearing on the petitions, the Bench made it clear.
In the corrigendum, issued in the guise of rectifying the notification issued on November 15, 2021, appointing Mr. Thimmaiah as KSPCB chairman, the government had said that his tenure should have been only till March 4, 2022, but it was wrongly mentioned as November 14, 2024.
The government, in the corrigendum, had said that Mr. Thimmaiah was appointed only for the remaining tenure of the then chairperson, whose tenure would have come to an end on March 4, 2022, had he continued in the post.
Though the government on August 31 had appointed Principal Secretary, Department of Forests, Environment and Ecology, as chairperson of KSPCB till new chairman was selected, the court on September 1 directed the government to keep the corrigendum in abeyance.
However, Mr. Thimmaiah’s advocate on Thursday pointed out that despite keeping corrigendum in abeyance, the government had continued the Principal Secretary in the post of KSPCB chairperson. Following this, the Bench allowed Mr. Thimmaiah to function as chairperson till further orders.
