Shanth A Thimmaiah.
Credit: DH File Photo
New Delhi: The Supreme Court has declined to interfere with the appointment of Dr Shanth A Thimmaiah as chairman of Karnataka State Pollution Control Board.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra on Friday dismissed a plea by the Karnataka government led by senior advocate Shyam Divan against the appointment as his term is coming to end in November, 2024.
Senior advocate Anand Sanjay M Nuli on behalf of the chairman defended the Karnataka High Court's decision of November 29, 2023 upholding the appointment.
"In the facts and circumstances of the case and considering the limited duration of the term of the first respondent which is due to expire in November 2024, we are not inclined to entertain the petition under Article 136 of the Constitution, at this stage," the bench said, dismissing the state government's plea.
"However, we clarify that this should not be construed as an expression of opinion of this court on the questions of law which are sought to be raised by the State of Karnataka, which are kept open to be addressed in an appropriate case," the bench added.
The Karnataka government was aggrieved with the High Court's order, contending that it failed to consider the fact that Thimmaiah could not be appointed to the post and allowed to continue in terms of previous orders passed in 2020 and 2021 by the coordinate bench of the High Court.
Thimmaiah was appointed to the post on November 15, 2021. The state claimed he was appointed to the causal vacancy for the remaining period till March 4, 2022. However, erroneously, a notification was issued for his appointment upto November, 2024, the state government said.
The state government also alleged numerous representations were received against the chairman that he was involved in the misappropriation of funds. The Karnataka Chief Minister had also written a note to the Secretary on the issue.
Nuli for the chairman said the notification and appointment letter had specifically mentioned that his term would last till November, 2024. He contended change of the government could not be the basis to question the appointment of statutory authority.
The senior counsel also said rules of the game can't be changed once the process has started. He also said the inquiry initiated against him could take place in its own course.