Casual Vacancy In Office Of KSPCB Chairman Cannot Be Occupied By Functionaries Beyond 6 Months: Karnataka HC
The Karnataka High Court has held that the casual vacancy in the office of the Chairman of Karnataka State Pollution Control Board (KSPCB) cannot be occupied by the 'functionaries' beyond six months when there is a vacancy.
The Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said that, "the ‘casual vacancy’, whatever be the reason for its accrual, in the office of the Chairman of KSPCB shall not be occupied by the functionaries mentioned in clauses 10 & 11 for a period beyond six months and therefore, the normative appointment by way of selection has to be made without brooking delay."
Senior Advocate DR Ravishankar appeared for the petitioner, while Advocate General S Shashikiran Shetty, HCGP Devaraj Ashok, and Senior Advocate Vikram Huigol appeared for the respondents.
In this case, the issue was raised relating to the norms of appointment and the normative process of selection & appointment to the office of the Chairman of the Karnataka State Pollution Control Board. The petition was filed praying for directions to strike down the guidelines for nomination, terms and conditions of service of chairman, members, and appointment of member secretary of the KSPCB.
It was observed that paragraph 11 gave a wide discretion to the government for not filling the ‘casual vacancy’ by way of nomination and that it could do this without assigning any reason. In that context, it was said that, "Such a carte blanche is undesirable, to say the least, ‘reasoned decisions’ being the requirement of a Welfare State. Therefore, the term ‘without assigning any reason’ appearing in paragraph 11 cannot be sustained."
It was further held that the expression ‘for reasons to be recorded in writing’ needs to be introduced.
Accordingly, it was held that the paragraphs needed to be rephrased by the State Government.
Cause Title: Dr Shanth A Thimmaiah vs The Government of Karnataka & Ors.
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