Case Note & Summary
The petitioner, Dr. M. Sudheendra Rao, was appointed as Chairman of the Karnataka State Pollution Control Board (KSPCB) vide notification dated 30.12.2019. On 02.05.2020, the State Government issued a notification purportedly accepting his resignation and terminating his chairmanship. The petitioner challenged this notification, contending that he never submitted any resignation and that the alleged resignation letter was obtained under duress. The court examined the facts and found that the resignation letter was not voluntary and that the petitioner was not given any opportunity to explain before the termination. The court held that the Chairman of KSPCB holds a statutory office under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, and cannot be removed without following due process and principles of natural justice. The impugned notification was quashed, and the petitioner was reinstated as Chairman.
Headnote
A) Service Law - Resignation - Voluntary Resignation - Termination - The court examined whether the alleged resignation letter dated 30.04.2020 was voluntary and unequivocal, and whether the termination notification dated 02.05.2020 was valid. The court held that the resignation was not voluntary as it was obtained under threat of removal and the petitioner was not given an opportunity to explain. The termination was quashed. (Paras 1-10) B) Natural Justice - Right of Hearing - Termination of Statutory Office - The court held that the petitioner, as Chairman of KSPCB, held a statutory office and could not be removed without following principles of natural justice. The impugned notification was set aside for violation of natural justice. (Paras 5-10) C) Environmental Law - Water (Prevention and Control of Pollution) Act, 1974 - Section 4 - Chairman - The court considered the provisions of the Water Act regarding appointment and tenure of Chairman. The court held that the Chairman's term is protected and cannot be terminated arbitrarily. (Paras 3-6)
Issue of Consideration
Whether the impugned notification dated 02.05.2020 terminating the petitioner's chairmanship based on alleged resignation is valid and whether the petitioner was afforded reasonable opportunity of hearing before termination.
Final Decision
The impugned notification dated 02.05.2020 is quashed. The petitioner is reinstated as Chairman of KSPCB with all consequential benefits.
Law Points
- Resignation must be voluntary and unequivocal
- Termination without inquiry violates natural justice
- Chairman of Pollution Control Board holds statutory office under Water Act and Air Act
