'We are not in a feudal era,' SC questions U'khand CM's decision to appoint tainted officer as Director of Rajaji Tiger Reserve

NEW DELHI: "We are not in a feudal era, Raja jo bole waise chale (whatever the kings, it will happen)," the Supreme Court on Wednesday said while questioning a decision of Uttarakhand Chief Minister Pushkar Dhami to appoint Indian Forest Service officer Rahul as Director of Rajaji Tiger Reserve.

The top court expressed displeasure after noting that the officer was previously removed from Corbett Tiger Reserve and faced disciplinary proceedings over allegations of illegal tree cutting.

"We are not in a feudal era, Raja jo bole waise chale," a bench led by Justice B R Gavai said, adding there is something called public trust doctrine.

"Just because he is Chief Minister can he do anything," the bench, also comprising Justices Prashant Kumar Misra and K V Viswanathan, asked.

The court observed, “The CM has gone against the advice of everyone, he does not consider all these objections. He (the CM) has to give reasons why (Rahul was appointed)? He (CM) is ignoring everything. He has to give a reason why he disagrees with the bureaucrat and the forest minister?”

Hearing the issue of illegal constructions and tree felling at the Jim Corbett National Park, the court was told that while departmental proceedings were pending against the IFS officer, he was appointed to the post of director at Rajaji National Park.

The bench asked if it is matter of fact that the forest minister and chief secretary had opposed his posting.

The Uttarakhand government counsel said, "The civil services board never recommended anybody for Rajaji Tiger Reserve".

The court noted right from the deputy secretary, everyone pointed out that departmental proceedings are initiated against him (Rahul) and CBI enquiry is there. Therefore, he should not be posted anywhere in the tiger reserve. That is endorsed by the deputy secretary and principal secretary. That is endorsed by the forest minister.

"All this is ignored by the Chief Minister," the bench said.

Defending the decision, senior advocate A N S Nadkarni for the Uttarakhand government contended that the Central Empowered Committee of the Supreme Court, the state police, CBI, the ED never blamed him, the only thing against the officer is the disciplinary proceedings.

"Unless he is exonerated in the departmental proceedings, you cannot give him a certificate of a good officer," the bench said.

The government counsel said one cannot sacrifice a good officer against whom there is nothing.

"If there is nothing, why are you holding departmental proceedings against him,” the bench asked.

"Unless there is prima facie material the departmental proceedings are not initiated," the bench observed.

Senior advocate K Parameshwar, amicus curiae in the matter, said the order was passed without the civil services board recommending this posting.

A row erupted in Uttarakhand on the appointment of IFS officer Rahul as the new director of Rajaji National Park despite the official facing a probe by the CBI for his alleged involvement in illegal tree felling and construction in the Pakhro forest range of Jim Corbett National Park.