LawChakra

Rajaji Tiger Reserve Director Appointment| “Just Because He is Chief Minister, Can He Do Anything”?: SC Criticizes Uttarakhand CM

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Today, On 3rd September, A Supreme Court Bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan criticized the Uttarakhand Chief Minister for the appointment of the Rajaji Tiger Reserve Director. The Court expressed serious concerns over the CM’s interference, stressing the need to uphold the integrity of public office.

New Delhi: The Supreme Court on Wednesday raised concerns over Uttarakhand Chief Minister Pushkar Dhami’s decision to appoint Indian Forest Service (IFS) officer Rahul (who goes by his first name) as the Director of Rajaji Tiger Reserve.

This move came despite Rahul’s earlier removal from Corbett Tiger Reserve due to allegations of illegal tree felling.

A Bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan strongly criticized the CM’s actions, stressing the importance of adhering to the public trust doctrine.

The Court remarked,

“We are not in a feudal era jahan jo bhi raja bole…(We are not in a feudal era where whatever the king says…) At least there should have been some application of mind with reasons in writing when he differed from his Minister and Chief Secretary. Just because he is Chief Minister can he do anything? Either that officer should be exonerated or the departmental proceedings dropped. There is something called public trust doctrine,” 

Senior Advocate ANS Nadkarni, representing the Uttarakhand government, defended the Chief Minister’s decision, asserting that the CM had the discretion to make such appointments.

Initially, the Supreme Court Bench considered asking the CM to submit an affidavit explaining his decision, but after hearing the counsel’s arguments, they opted not to include it in the order, with the State agreeing to provide a detailed explanation in the next hearing.

The Court’s remarks came in response to a report from the Central Empowered Committee (CEC), established by the Supreme Court to oversee forest-related matters.

The report indicated that the officer’s appointment did not inspire confidence among those involved in wildlife conservation. It also noted that the Corbett Tiger Reserve irregularities were still being reviewed by the apex court, with disciplinary action against the officer pending.

Furthermore, the CEC highlighted that the Central Bureau of Investigation (CBI) investigating the case, and despite the State’s awareness of this, it had yet to finalize the disciplinary proceedings before appointing the officer as Director of Rajaji Tiger Reserve.

The CEC report based on a complaint by Advocate Abhijay Negi.



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