Rules for posting to top PCB jobs flawed: Activists
CHENNAI: Social activists have alleged that new rules framed by the State government for appointment to top posts in Tamil Nadu Pollution Control Board are “flawed and riddled with loopholes for arbitrariness to creep in.”
The government has notified in the Gazette “Appointment of Chairman and Member Secretary of Tamil Nadu Pollution Control Board Rules, 2019” which lay down the qualification criteria.
However, the rules are silent on the selection mechanism, it is pointed out.
“The rules say pollution control board Chairman will be ‘nominated’ and Member-Secretary will be ‘appointed’ by the State government, but on what basis? Supreme Court judgement on September 22, 2017, says the State Government does not have unlimited discretion or power to appoint anybody it chooses,” said a former IAS officer turned social activist MG Devasahayam.
Another shortcoming in the rules is that the term of office of both Chairman and Member-Secretary has been fixed as three years, but they can continue to hold office until their successors take charge. “This provision can be easily misused. For instance, the current member secretary of TNPCB is holding the post even after retirement,” he said.
National Green Tribunal (NGT) judgement on August 2016 said the posts of Chairman and Member-Secretary should be advertised and thrown open for all candidates irrespective of whether they are in government, academia or in private sector, so as to attract the best talent. “This aspect has not been taken into account at all. The government has retained its discretionary powers in the appointments, which is a cause of concern,” said environmental activist Nityanand Jayaraman.
Additionally, various committees have given sufficient guidelines for appointment of chairperson and members of the state pollution control boards (SPCBs). Bhattacharya Committee (1984), Belliappa Committee (1990), Administrative Staff College of India (1994) and Menon Committee (2005) had recommended that in general, State governments should not interfere with recruitment policies of SPCBs.
Menon Committee had said: “The statutory independence and functional autonomy given to SPCBs should be protected and the boards should be kept free from political interference. The boards should be enabled to make independent decisions”.
In a judgement, the Supreme Court recorded that “Committees are not constituted for the purpose of putting their recommendations in the dustbin”.
Activists said that overall the recruitment rules are “disappointing and incomplete and just an eyewash to escape the contempt of Supreme Court.”
Going by the rule
Chairman
Must have special knowledge or practical experience relating to Environmental Protection; OR
Must be or has been a member of All India Service, either in IAS or IFS, held post not below rank of Principal Secretary to TN Government or in that cadre with knowledge and experience in administering institutions of the State government, relating to environmental protection
Must be below 65 years of age
Member-Secretary
Must possess a post-graduate degree in engineering or technology in Environmental Engineering or allied sciences
25 years of field experience in Environmental Protection and Enforcement of Env legislations