PERMOD KOHLI, J. - (1.)CHALLENGE in this writ petition is made to the order, issued under Memo No. 5299 dated 3rd November, 2006, removing the petitioner from the post of Chairman, Jharkhand State Pollution Control Board, Ranchi, (hereinafter to be referred as 'the Board') with immediate effect. Operation of the impugned notification was stayed by this Court vide interlocutory order dated 9th November, 2006. On completion of the pleadings and keeping in view the urgency involved, this matter was heard for final disposal. It may be useful to briefly notice the factual background, leading to filing of the present writ petition. After creation of the separate State of Jharkhand, State Pollution Control Board was constituted for the first time on 22nd January, 2003 with one Thakur Balmukund Nath Sahdeo as its first Chairman. His appointment as Chairman came to be challenged in W.P.(C) No. 1624 of 2002. A Division Bench of this Court set aside the appointment of the Chairman vide its judgment dated 15th May, 2002. Judgment of this Court, however, came to be stayed in S.L.P.(C) No. 19100 of 2002 vide order passed on 7th February, 2003. During pendency of the Special Leave Petition before the Hon'ble Supreme Court, three years' tenure of the then Chairman of the Board expired, necessitating appointment of the Chairman. The State Government vide its Memo No. 2971 dated 11th May, 2005 appointed the petitioner, Sri Tileshwar Sahu, as Chairman of the Jharkhand State Pollution Control Board, Jharkhand, Ranchi with the following conditions: (i) Sri Sahu will continue as the working Chairman of the Pollution Control Board till further orders and (ii) A separate order will be issued in respect to his service conditions.
(2.)WHILE the petitioner continued to hold the office of Chairman pursuant to the aforesaid order, State Pollution Control Board came to be reconstituted in terms of Section 4(1) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter to be referred to as 'the Act') vide Notification No. 107/2001 -920 dated 27th February, 2006. The preamble of this notification indicates that the State Pollution Control Board is reconstituted by repealing earlier Notification No. 03/2000 -394 dated 22ndJanuary, 2003. It further notifies the name of the petitioner as Chairman, having been appointed vide Notification No. 05/05 -2971 dated 11th May, 2005 and the names of other Members of the Board, appointed by the Government. Foot of the notification contains a stipulation that the tenure of the Members of the Board and other conditions, relating to service, shall be such, as specified under the Water (Prevention and Control of Pollution) Act, 1974.
While this notification was in operation, petitioner has been removed by the impugned notification dated 3rd November, 2006 on the grounds, noticed hereinafter. Legality and validity of this notification has been questioned on variety of grounds (i) the order of removal has been passed in contravention of the provisions of Sections 5(3) and 6(2) of the Water (Prevention and Control of Pollution) Act, 1974; and (ii) the order is the outcome of the political vendetta having been passed on political considerations.

(3.)COUNTER affidavit has been filed by the Deputy Secretary, Forest and Environment Department, Jharkhand, Ranchi. The only plea raised to justify the impugned notification is that the petitioner was appointed as working Chairman of the Jharkhand State Pollution Control Board till further orders vide Notification No. 2971 dated 11th May, 2005 and the State has all competence and jurisdiction to cancel the earlier notification, which has been cancelled vide the impugned order. When the matter came up for consideration on 16th November, 2006, learned Advocate General appearing for the State sought leave of the Court to fife additional counter, which was allowed. In the additional counter filed, various additional facts have been introduced, which are noticed hereunder:
(a) Order of appointment of the petitioner dated 11th May, 2005 is contrary to law, having been passed by then Chief Minister Sri Arjun Munda in a most arbitrary manner and in great hurry; (b) Petitioner was involved in several criminal cases, including the offences committed under the Indian Forest Act. Reference has been made to a confiscation case, instituted by the Forest Department for confiscating the truck as well as the timber loaded thereon. Another case instituted against the petitioner being Case No. C -II 29/1990 for an offence under the Forest Act, related to transportation of timber without necessary permit, wherein, petitioner was fined Rs. 150/ - on his confession. In another case being Case No. C -II 10/1990 petitioner was fined Rs. 500/ -. (c) Petitioner did not nave necessary qualifications, specified in various Acts, relating to prevention and control of pollution. (d) Petitioner was involved in Kamdara P.S. Case No. 46 of 2006 dated 16th August, 2006 for committing offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and was taken into custody on 27th September, 2006, where he remained for a period of more than a month.