The Supreme Court questioned Uttarakhand Chief Minister Pushkar Singh Dhami on Wednesday for appointing an Indian Forest Service (IFS) officer as the director of Rajaji Tiger Reserve despite objections from the state’s forest minister and other officials.
The bench, led by Justice BR Gavai and including Justices PK Mishra and KV Viswanathan, criticised the notion that government heads can act like “old days’ kings” in a modern, non-feudal society. The justices remarked that such actions were outdated and improper.
The bench was reviewing the appointment of IFS officer Rahul, a former director of Corbett Tiger Reserve, to the Rajaji Tiger Reserve. The court noted that multiple officials, including the deputy secretary, principal secretary, and forest minister, had opposed Rahul’s appointment.
“There is something like a public trust doctrine in this country. The heads of the executive cannot be expected to be old days’ kings that whatever they have said, they will do,” the bench observed, adding, “We are not in a feudal era.” “Why should the chief minister have special affection for him (the officer)?” the bench asked, adding, “Just because he is the chief minister, can he do anything?”
“If you disagree with advice from the desk officer, deputy secretary, principal secretary, and minister, you should at least provide reasons for your decision,” the court said. It also pointed out that a departmental proceeding was pending against Rahul.
Senior advocate A.N.S. Nadkarni, representing the state, argued that Rahul was not facing any formal charges from the state police, Central Bureau of Investigation (CBI), or Enforcement Directorate (ED), and the disciplinary action related to issues at Corbett Tiger Reserve where other officers were also questioned.
The court questioned why Rahul was subjected to departmental proceedings if there was no prima facie evidence against him. Nadkarni claimed that the proceedings were targeting Rahul unfairly.
The court also referenced a news report indicating objections from Uttarakhand’s forest minister and chief secretary regarding Rahul’s appointment. The bench affirmed that the report was accurate.
“You gave an impression that the newspaper reporting is not correct. When we saw the noting, there is no error in the newspaper reporting. Whatever is reported in the newspaper is factually correct,” the bench observed.
“The newspaper report says the chief secretary and the minister for forest both objected and in spite of that objection, the chief minister overruled. So nothing wrong in that reporting,” it said.
The Indian Express reported on August 30 that Chief Minister Dhami appointed Rahul as the director of Rajaji Tiger Reserve despite requests from his forest minister and chief secretary to reconsider. Rahul had previously been removed as head of Corbett Tiger Reserve two years ago following the Uttarakhand High Court’s observations on illegal tree felling and construction at the site.
(With inputs from PTI)