A Division Bench of the Madras High Court on Friday upheld the order of the single judge, who quashed the appointment of IAS officer K. Karthikeyan as Member Secretary of Tamil Nadu Pollution Control Board (TNPCB).
The Bench comprising Justices Satish K. Agnihotri and M. Venugopal said that order made by Justice V. Ramasubramanian in January this year did not suffer from any infirmity, illegality or irregularity, warranting interference.
“This is a case of lack of eligibility, as prescribed under the statute under Section 4(2)(f) of the Water (Prevention and Control of Pollution) Act, 1974,” the Bench said, adding the institutional interest was also a relevant consideration in case of appointment on the post of a high public office.
As for the contention that as per Rule 39(d) of the Tamil Nadu State and Subordinate Services Rules, pending enquiry did not create a bar for consideration for appointment of a person, the Bench said it was not relevant and applicable in the case on hand as it was a case of appointment on the public office, not by way of promotion as prescribed under the provision.
Justice Ramasubramanian had in January this year struck down the appointment of Mr. Karthikeyan as TNPCB member-secretary, allowing a quo warranto petition filed by a journalist V. Anbazhagan and further called upon the officer to show under what authority he was holding the post.
