<p>The Karnataka government has violated statutory law by appointing Shanth A Thimmaiah as the Karnataka State Pollution Control Board (KSPCB) chairman with a fresh term of three years, contravening the provision that limits appointments made in the middle of a rolling term to the rest of the term. </p>.<p>Documents obtained through RTI show that officials in the Forest, Ecology and Environment Department were aware of the rule.</p>.<p>As per the Water (Prevention and Control of Pollution) Act, 1972, the chairman’s term is fixed at three years, and any appointment made to fill vacancies arising between terms “shall hold the remainder of the term”.</p>.<p>At the KSPCB, a fresh term began on March 5, 2019, with the appointment of retired IFS officer N Jayaram for a period of three years ending March 4, 2022. Jayaram resigned within three months, creating a casual vacancy.</p>.<p>Five people then occupied the post and exited in quick succession over the next two years and eight months, which also saw a court case in which Sudhindra Rao, one of the chairmen, claimed that he was forced to resign.</p>.<p>The case delayed the appointment by more than six months.</p>.<p>The government then floated an advertisement to fill the “casual vacancy”. A copy of the proceedings that took place in the department shows that a fresh three-year term can’t be given to Shanth Thimmaiah as per the Water Act as well as the guidelines framed by the department in the wake of a Supreme Court judgement.</p>.<p>Several people — from section officers to under-secretaries — reiterated that Thimmaiah’s appointment can’t be for a full term. The department, however, made a U-turn days after the file was submitted to the then environment minister Anand Singh.</p>.<p>“It is open for the govt to decide for the nomination for a full term for the chairman (i.e three years... These facts are being placed on record for the kind decision of the competent authority (sic),” Environment Department officials said in a file placed before the chief minister.</p>.<p>The competent authority, the then CM Basavaraj Bommai, in his note said that he “perused” all the 47 paragraphs and decided that Thimmaiah be appointed “for a full term of 3 years”.</p>.<p>Akash J, who unearthed the documents through RTI, said the government’s November 11, 2021, notification issued following Bommai’s decision was illegal.</p>.<p>“Cumulatively, the decision is in flagrant violation of the Act,” he said noting that Thimmaiah had enjoyed “illegal benefits and perks” for more than a year which need to be recovered.</p>.<p>DH had earlier written about Thimmaiah’s conflict of interest. He was the head of a lab that prepared documents for mining and construction projects of big companies, from Vedanta to Adani.</p>.<p>He was made the chairperson with power and responsibility to scrutinise the projects without bias.</p>.<p><strong>CM orders inquiry </strong></p>.<p>Chief Minister Siddaramaiah directed the Chief Secretary to initiate an inquiry against KSPCB chairman and other officials in connection with a scam. Citing a complaint by PR Ramesh, MLC, that works worth Rs 17 crore were awarded without tenders in violation of transparency laws, the CM asked not to clear the bills of private agencies that got the work orders. Meanwhile, the Forest, Ecology and Environment Department has also issued a show-cause notice to the chairman for failing to check pollution in Bidar a year after an order was issued by the National Green Tribunal.</p>
<p>The Karnataka government has violated statutory law by appointing Shanth A Thimmaiah as the Karnataka State Pollution Control Board (KSPCB) chairman with a fresh term of three years, contravening the provision that limits appointments made in the middle of a rolling term to the rest of the term. </p>.<p>Documents obtained through RTI show that officials in the Forest, Ecology and Environment Department were aware of the rule.</p>.<p>As per the Water (Prevention and Control of Pollution) Act, 1972, the chairman’s term is fixed at three years, and any appointment made to fill vacancies arising between terms “shall hold the remainder of the term”.</p>.<p>At the KSPCB, a fresh term began on March 5, 2019, with the appointment of retired IFS officer N Jayaram for a period of three years ending March 4, 2022. Jayaram resigned within three months, creating a casual vacancy.</p>.<p>Five people then occupied the post and exited in quick succession over the next two years and eight months, which also saw a court case in which Sudhindra Rao, one of the chairmen, claimed that he was forced to resign.</p>.<p>The case delayed the appointment by more than six months.</p>.<p>The government then floated an advertisement to fill the “casual vacancy”. A copy of the proceedings that took place in the department shows that a fresh three-year term can’t be given to Shanth Thimmaiah as per the Water Act as well as the guidelines framed by the department in the wake of a Supreme Court judgement.</p>.<p>Several people — from section officers to under-secretaries — reiterated that Thimmaiah’s appointment can’t be for a full term. The department, however, made a U-turn days after the file was submitted to the then environment minister Anand Singh.</p>.<p>“It is open for the govt to decide for the nomination for a full term for the chairman (i.e three years... These facts are being placed on record for the kind decision of the competent authority (sic),” Environment Department officials said in a file placed before the chief minister.</p>.<p>The competent authority, the then CM Basavaraj Bommai, in his note said that he “perused” all the 47 paragraphs and decided that Thimmaiah be appointed “for a full term of 3 years”.</p>.<p>Akash J, who unearthed the documents through RTI, said the government’s November 11, 2021, notification issued following Bommai’s decision was illegal.</p>.<p>“Cumulatively, the decision is in flagrant violation of the Act,” he said noting that Thimmaiah had enjoyed “illegal benefits and perks” for more than a year which need to be recovered.</p>.<p>DH had earlier written about Thimmaiah’s conflict of interest. He was the head of a lab that prepared documents for mining and construction projects of big companies, from Vedanta to Adani.</p>.<p>He was made the chairperson with power and responsibility to scrutinise the projects without bias.</p>.<p><strong>CM orders inquiry </strong></p>.<p>Chief Minister Siddaramaiah directed the Chief Secretary to initiate an inquiry against KSPCB chairman and other officials in connection with a scam. Citing a complaint by PR Ramesh, MLC, that works worth Rs 17 crore were awarded without tenders in violation of transparency laws, the CM asked not to clear the bills of private agencies that got the work orders. Meanwhile, the Forest, Ecology and Environment Department has also issued a show-cause notice to the chairman for failing to check pollution in Bidar a year after an order was issued by the National Green Tribunal.</p>