In a major development, the Supreme Court of India took Uttrakhand’s CM, Mr. Pushkar Singh Dhami, at cross hands by nulling his decision to appoint IFS officer Rahul as field director of the Rajaji Tiger Reserve after overruling objections from the principal secretary and the forest minister.
During the crucial hearing, a senior advocate, A N S Nadkarni, said that the CM was only trying not to sacrifice a “good officer,” hearing which Justice B R Gavai, presiding over a three-judge bench, said that Mr. Dhami should at least have recorded the reasons for his disagreement with the objections raised by his own officials. Justice Gavai even remarked, “We are not in the feudal era.. ki raja jaise bole waisa chale (we must not agree whatever the ‘king’ says).”
“There is something like a public trust doctrine in this country. The heads of the executive cannot be expected to be old-day kings that whatever they say they will do. When a specific noting is there right from the first officer, that is the section officer, endorsed by the Deputy Secretary, endorsed by by the Principal Secretary, endorsed by the honourable Minister that on account of ABC reasons, he should not be posted there, you think that despite of that, just because he is chief minister, he can do anything?” remarked Justice Gavai.
He further observed, “There is a specific note … that departmental proceedings are initiated against him, that CBI enquiry is there and therefore he should not be posted anywhere in the tiger reserve. That is endorsed by the deputy secretary, that is endorsed by the principal secretary and the forest minister and this is all ignored by the chief minister!…“
What Is The Matter?
The Uttarakhand government had recently removed Indian Forest Service officer Rahul — he uses only his first name — from the office of Director, Rajaji Tiger Reserve. Officer Rahul has now been posted as Chief Conservator of Forests of the Monitoring, Evaluation, IT, and Modernization division, the position he held before moving to the Rajaji Reserve.
Officer Rahul had stated, “Though there is no anomaly in my transfer order and it can pass any judicial scrutiny, the process may be quite lengthy and tiresome… (and) I may not be able to do proper justice to my present assignment, which requires focused attention in the multifarious activities of the tiger reserve. So I requested the government to discharge me of the responsibilities of Rajaji.“
The contentious matter came up before the bench also comprising Justices P K Mishra and K V Viswanathan, following a report submitted by the Supreme Court-appointed Central Empowered Committee (CEC), Advocate Nadkarni submitted that in deference to the court, “the order posting Rahul, chief conservator of forest, as the field director of the Rajaji national park, has been withdrawn.”
It is pertinent to mention Chief Minister Dhami had overruled the state Forest Minister and the Chief Secretary to hand the charge of Rajaji TR to Rahul who was removed two years ago as head of the Corbett TR after the Uttarakhand High Court took note of illegal tree felling and construction there.
