- (1.) HEARD learned Counsel for the parties.
(2.) DR. H. N. Tiwari, learned Counsel appearing on behalf of U. P. Pollution Control Board, in view of Court orders and findings in enquiry by Central Pollution Control Board, New Delhi (under Court order), submitted that the brick-kiln in question object matter of this Writ Petition), shall not be allowed or permitted to be operated in future. U. P. Pollution Control Board concedes that this brick-kiln was in violation of its norms; the permission given to operate it was contrary to directions of Central Pollution Control Board and its own norms and so now strict directions shall be issued to all concerned to ensure that brick-kiln and other like activities likely to pollute 'land', 'air' or 'water' which are injurious to human being, animal and/or vegetation shall not be permitted and shall be properly checked. Compliance-report filed in Court (on record) indicates that R. K. Singh (the then Regional Officer, Varanasi) has been awarded punishment of stoppage of 4 increments (with cumulative effect) with direction to be posted at Head Quarter at Lucknow and not to be given field charge as well as an adverse entry to be made in his Annual Confidential Record; Radhey Shyam (the then Regional Officer, Azamgarh) has been awarded punishment of stoppage of one increment (with non cumulative effect), Fateh Bahadur Singh (the then Assistant Environmental Engineer, Varanasi) has been awarded punishment of stoppage of two annual increments (with cumulative effect) and Dr. G. N. Mishra (the then Chief Environmental Engineer) has been awarded punishment of stoppage of one increment (with non cumulative effect ). Apart from it, we further direct that decisions of the punishing authority, copies of which have been annexed with compliance report shall be communicated to the Chief Secretary, Government of U. P. within three weeks from today and the said authority shall get the matter thoroughly scrutinized and if it is found that punishing authority has taken lenient view, the State Government is expected to take appropriate action against erring officials as punitive measure, and adequate steps/measures be taken to issue Government Orders/amendment in Act/rules, etc. as preventive measures to protect Environment and Ecology-things must for life on planet, as the otherwise act of erring officials is criminal offence in general against public at large.
(3.) FINDINGS recorded during enquiry by Central Pollution Board and the charges proved (during Disciplinary Enquiry) under Court order/s are shocking but an opportunity for the concerned to meet the challenge arising due to pollution. As far as the then District Magistrate, S. P. Dixit, Ballia is concerned we are informed that Disciplinary inquiry has already been initiated. It is now for the Government to look into it and take such action as may be warranted.;