The Supreme Court, on Wednesday, took exception to the Uttarakhand Chief Minister Pushkar Dhami’s decision to appoint Indian Forest Service (IFS) officer Rahul as Director of Rajaji Tiger Reserve – an officer who was earlier removed from Corbett Tiger Reserve over the allegations of illegal tree cutting and unauthorised construction in reserve forest area.
Irked by Chief Minister Dhami appointing Rahul as the director of the Rajaji Tiger Reserve disregarding the views if the Forest Minister and the State’s Chelf Secretary, a bench of Justice B R Gavai, Justice Prashant Kumar Mishra and Justice K V Viswanathan said, “We are not in a feudal era, jaisa Rajaji bole waisa chale… We are not in a feudal era.”
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“The chief minister should have given reasonings (for the appointment). The least expected is to give an application of mind with reasons in writing when he differed from his Minister and Chief Secretary,” the bench added.
Emphasising the importance of the public trust doctrine, the bench said, “There is something like public trust doctrine in this country, the heads of the public offices cannot do whatever they want, when the endorsements are there that he (officer) should not be posted there, despite of that, just because he is a Chief Minister he can do anything?”
The top court’s strong observation came as the top court constituted Central Empowered Committee (CEC), to oversee forest related matters, submitted a report stating that appointment of the officer prima facie did not instil confidence in the stakeholders involved in wildlife conservation.
The report said that disciplinary proceedings against the officer are still pending and yet he was appointed as Director at Rajaji Tiger Reserve.
It further told the apex court the matter of irregularities in the Corbett Tiger Reserve is still under consideration before the top court and is also under investigation by the Central Bureau of Investigation (CBI).
However, senior advocate Atmaram Nadkarni, appearing for Uttarakhand government, said that the Chief Minister had the discretion to make such appointments and assured the court to provide a detailed explanation during the next hearing.
The officer concerned was ousted from Corbett Tiger Reserve (TR) after alleged illegal tree felling and construction allegedly under his watch.
Kad recently said the decision to post Rahul as Rajaji Tiger Reserve Director was taken unanimously by him and the Chief Minister.
In January 2022, the Uttarakhand High Court had directed the State government to take action against officials responsible for the illegal felling of trees and construction inside Corbett. In April 2022, the State government had suspended two forest officers and removed Rahul from the post of Corbett’s Director.
