CHENNAI: The Madras High Court on Friday ordered an interim stay on the appointment of former chief secretary of the state Girija Vaidhyanathan as an expert member of the National Green Tribunal (NGT).
The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy passed the directions on the plea moved by Poovulagin Nanbargal, an environmental conservation group.
Petitioner G Sundarrajan of Poovulagin Nanbargal stated that NGT Act mandates a person to have administrative experience of 15 years including experience of five years in dealing with environmental matters in the Central or a State government or in a reputed national or state-level institution.
On the contrary, the Appointments Committee of the Cabinet has approved the proposal for the appointment of Girija Vaidyanathan although she does not possess the mandatory requirement of experience of five years in dealing with environmental matters, contended Radhakrishan, counsel for the petitioner.
The petitioner had sought to quash the December 12 notification of the appointment and also sought that the court direct the authorities to call for the records.
Girija Vaidyanathan belongs to the 1981 batch of the IAS. She holds a postgraduate degree in physics and played a key role in the formulation of rules for the Land Acquisition, Rehabilitation and Resettlement Act, 2013.
During the hearing on Friday, the counsel for the central government stated that she held various administrative positions that involved several issues dealing with the environment. The counsel also submitted that she was set to assume charge on April 19.
However, the bench refused to accept the submissions of the Centre and orally observed that the former Chief Secretary does possess administrative experience, however, she does not hold five years of experience in dealing with environmental issues.
The bench stressed that she had only three years of experience in dealing with environmental matters.
The bench observed, "We are not happy with the qualifications of the person who has been appointed as the expert member of the tribunal."
"....as she prima facie does not seem to satisfy the 5 years experience criteria prescribed in Sec 5(2)(b) of NGT Act, there will be a stay on the third respondent (former Chief secretary)appointment until the disposal of the plea", it added.
The bench adjourned the plea for further submissions on April 19.