Important positions occupied by officers having no commitment to law: NGT

The National Green Tribunal has rapped the Chairman of pollution control board of Daman and Diu and Dadra Nagar Haveli for not complying its order on utilisation of fly ash saying “officers were acting at whims in utter defiance of law.”

The green panel said that the conduct of Chairman, Daman Diu & Dadra Nagar Haveli PCC and its Member Secretary can hardly be held to be above board.

The NGT said that their actions prima facie amounts to offence under section 26 of the NGT Act and also misconduct calling for disciplinary action for major penalty.

However, for these actions, authority concerned is the Court, as per section 30 of the NGT Act, and the concerned disciplinary authority i.e. the Central Government as concerned conduct Rules, it said.

“It is a matter of regret that important positions are occupied by officers having no commitment to law, who are acting at whims in utter defiance of law and binding orders of adjudicating authorities,” a bench headed by NGT Chairperson Justice A K Goel said.

Delegation of powers to state pollution control boards implies that CPCB must retain control over the delegate, in an appropriate manner, the tribunal said.

“ Accordingly, it is necessary that CPCB conducts periodical review of functioning of all the pollution control committees in union territories, who are acting as delegate of CPCB,” it said.

The respondents are held liable to pay cost of Rs one lakh each to be deposited with the CPCB within one months which may be used for improvement of environment.

If cost is not paid, CPCB will at liberty to take coercive measures for enforcement.

The NGT had earlier issued notice to the officials to show cause why coercive measures including stopping of their salary and their imprisonment be not adopted against them for not complying direction relating to fly ashes.

The tribunal was hearing a plea by Platinum AAC Blocks Pvt. Ltd. seeking execution of NGT orders directing the Daman Pollution Control Committee (PCC) to treat fly ash utilisation activity of the applicant as permissible in view of the report of the joint committee comprising Central Pollution Control Board (CPCB) and the Daman PCC.

According to the applicant, in spite of the said categorical orders, the Chairman and Member Secretary of the PCC did not to give effect to the orders of NGT.