Dehradun: The Supreme Court, on Wednesday, has put a question mark over Uttarakhand’s CM decision to appoint Rajaji Tiger Reserve director Rahul. Earlier, Rahul was removed from the post of Corbett Tiger Reserve following the report about illegal construction inside the national park and unauthorized felling of trees in the year 2021.
This matter was heard by a bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan. While taking strong exception to the Chief Minister’s actions and highlighting the importance of the public trust doctrine, the bench said, “We are not living in the feudal era as everything will run according to the wish of a King (CM).”
We are not living in feudal era
“We are not in a feudal era jahan jo bhi raja bole (We are not in a feudal era where whatever the king says…) At least there should have been some application of mind with reasons in writing when he differed from his Minister and Chief Secretary. Just because he is Chief Minister can he do anything? Either that officer should be exonerated or the departmental proceedings dropped. There is something called public trust doctrine,” the Court remarked.
The state government has presented its side
Through its senior lawyer ANS Nadkarni, the state government has represented its side. Mr Nadkarni said while defending the decision of the Chief Minister, that the Uttarakhand CM had taken this decision staying within the periphery of his rights. He pleaded before that the CM has discretion to make such appointments.
CEC submitted its report to Supreme Court on 2 September
The matter involving illegal felling and unauthorized construction was brought to the light following a complaint filed by Uttarakhand High court lawyer Abhijay Negi. The central empowered committee (CEC) report had come on a complaint filed by him. He said to News9live, “We have made a complaint on 30 August. It was after the CEC submitted its report to the Supreme Court on 2 September with its copy marked to the government. The government has reinstated him when the CBI enquiry wasn’t completed”
The disciplinary enquiry against the officer is still pending
Notably, the Corbett matter is currently under investigation by the Central Bureau of Investigation (CBI). Despite being aware of this, the State has not yet concluded the disciplinary proceedings and has instead appointed him as Director of Rajaji Tiger Reserve. The Court’s remarks were based on a report by the Central Empowered Committee (CEC), established by the Supreme Court to oversee forest-related issues. The report indicated that the officer’s appointment did not initially inspire confidence among stakeholders in wildlife conservation.
