HC upholds quashing of TNPCB Member-Secy's appointment

Madras High Court today upheld a single Judge's order quashing the appointment of K Karthikeyan as Member-Secretary of Tamil Nadu Pollution Control Board (TNPCB) on grounds that he faced vigilance and departmental proceedings.
Applying the well settled principles of law to the facts of the case, "This is a case of lack of eligibility, as prescribed under the statute...," a division bench comprising Justice Satish K Agnihotri and Justice M Venugopal held dismissing an appeal by the state government challenging the Single Judge's order.
Justice V Ramasubramanian had on January 24 quashed the appointment of Karthikeyan saying the fact that the official was facing departmental and vigilance proceedings had not been brought to the notice of the appointing authorities.

The bench rejected the contention of Advocate General AL Somayaji that Rule 39(d) of Tamil Nadu State and Subordinate Services Rules provides that pending enquiry does not create a bar for consideration for appointment of a person.
"The above contention of the AG is not relevant and applicable in the case on hand as it is a case of appointment on the public office, not by way of promotion as prescribed under the said provision," the bench said.
Referring to Section 4(2)(f) of the Water (Prevention and Control of Pollution) Act, 1974 which prescribes eligibility for a full-time Member-Secretary, the bench said if antecedent of a candidate was tainted with doubtful integrity, as found proved in the enquiry in the instant case, it was a relevant consideration for examination under the eligibility criteria.

It further held institutional interest was also a relevant consideration in case of appointment on the post of a high public office and added that the impugned order of the single judge did not suffer from any infirmity, illegality or irregularity, warranting interference.
Karthikeyan faced vigilance proceedings for his decisions as a district environmental engineer from July 2008 to December 2010.
The file for his appointment as member-secretary of TNPCB was generated on July 21, 2014 and the Chief Minister signed it on July 25. The vigilance department's draft report was submitted on August 1, 2014.