MPCB chief unqualified, must go: NGT

Green tribunal says extensive knowledge of environmental protection necessary

June 12, 2017 12:32 am | Updated 12:32 am IST

Mumbai: The National Green Tribunal (NGT) has directed the chairpersons of the Pollution Control Boards (PCB) of 10 states, including Maharashtra, to vacate their posts on the ground that the job needs an in-depth knowledge of environmental protection, which it claimed they don’t possess.

The order dated June 8 by the NGT’s principal bench comprising Justice Raghuvendra Rathore and expert memner Dr. Satyawan Singh Garbyal names the chairpersons of the PCBs of Himachal Pradesh, Sikkim, Tamil Nadu, Uttarakhand, Kerala, Rajasthan, Telengana, Haryana and Manipur as well, saying administrative experience alone isn’t enough.

The PCBs of U.P., Punjab, the New Delhi government and the Delhi Pollution Control Centre have been granted two months to frame rules and regulations regarding the appointment of a chairperson, and one month thereafter to make the appointment.

Reiterating observations made in its 2016 judgement, the NGT said, “The post of chairman of PCB is of sensitivity and responsibility, as the entire environmental status of the State would depend on the functioning of the State PCB where the chairman is the head of the organisation.”

The NGT disapproved of the practice of temporary postings, saying only qualified, tenured individuals are to be appointed as chairperson. As most States haven’t complied with this, the NGT issued show cause notices to the PCB chairpersons on May 30, asking them why they should not be removed from office. In the few replies received by the tribunal, the chairpersons have interpreted relevant provisions of the law incorrectly to justify their occupation of the post.

The NGT’s order emphasises that the powers and functions of the PCB are by and large technical in nature, and require a head with adequate knowledge and experience in environment protection. This, it says, must be accompanied by a relevant degree.

“Through the provisions of the Air Act and Water Act, the Parliament has consciously provided a statutory framework to prevent the appointment of individuals who only have knowledge and experience in administering institutions, as chairpersons of a PCB. Even when in some cases the chairman of the PCB was changed, the successors were also lacking in qualification and experience. The NGT cannot remain a silent spectator in respect of improper and illegal working of PCBs and its consequences and repercussions to the public at large,” the order read.

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