V.K.GUPTA,C.J. - (1.) RESIDENTS of Sonathar village in the district of Jamtara had sent a petition addressed to the Chief Justice, Jharkhand High Court alleging and complaining that Sundera Mineral and Chemical Industry situated in Sonathar village, Jamtara District, was spreading pollution because of the operations of its Crushing Unit engaged in Silica Quarz Stones operations near the village. By order passed on 5.3.2002 in Chambers, the Chief Justice directed that this petition be treated as a Public Interest Matter and on being registered appropriately by the Registry of the High Court and on perusal of the report of the District Judge, a notice was directed to be issued to the following: - - 1. The Deputy Commissioner, Jamtara. 2. The Superintendent of Police, Jamtara. 3. M/s. Sundera Mineral and Chemical Industry, Panchayat Bodhbandh. Village - -Sonathar, District Jamtara, and 4. Shyam Sundar Malpani. C/o. Sundera Mineral and Chemical Industry, Panchayat Bodhbandh, village Sonathar. District Jamtara.
(2.) AN interim restraint order was also issued on that day with respect to the operations and activities of the Unit concerned. Because a restraint order was issued against the Unit, on 3rd April. 2002, the Unit, namely, respondent Nos. 3 and 4 came up with a Vacation Application submitting that we should embark upon a fresh exercise of obtaining a situation report with respect to the activities and operations of the Unit to ascertain whether it is causing and spreading any pollution in the area. It was at this stage that an idea struck us. We thought that since the State Pollution Control Board, has in the meanwhile been constituted, we could take the assistance of this Board in enquiring about the activities of the Unit and finding out whether it was causing any pollution at all, if so, causes thereof, the effect upon the villagers and remedial measures if required. It was with this in view that we requested the learned Addl. Advocate General to invite the Chairman of the Board in the Court on 4th April, 2002.
(3.) ON 4th April. 2002, when the Chairman appeared before us and we started talking to him in order to elicite his views and opinion on the aforesaid questions, what we found has been aptly and clearly recorded in our order of that day. The extracts read thus: - -'Shri Thakur Bal Mukund Nath Shahdeo. Chairman. State Pollution Control Board has appeared before us today in person. During the course of our conversation with him, we found (to our total horror, surprise, dismay and amazement) that he does not know anything at all about any aspect relating to pollution, or the control of pollution. In course of our extensive conversation with him, we found that the only academic qualification that he boasts of is 'matriculation'. He has no other academic or technical qualification whatsoever. When, by referring to Section 5(2)(a) of the Air (Prevention and Control of Pollution) Act, 1981, we asked him whether he has any special knowledge or any practical experience in respect of any matter relating to the environmental pollution, his answer was in the negative. We must record that during the course of our conversation with Sri Shahdeo, we were constantly helped and assisted by Mr. Poddar, learned Addl. Advocate General. We actually impressed upon Mr. Poddar the need of assisting Sri Shahdeo in answering our questions. Mr. Poddar very kindly lent his helping hand to us. What emerged was that Mr. Shahdeo has neither any general or special knowledge, nor any academic qualification, nor any experience whatsoever that may have anything to do with any matter or any aspect relating to the pollution, air pollution, water pollution, noise pollution, or any other pollution of any kind. What to speak of his -having special knowledge or practical experience, he has neither any knowledge, general or special, nor any experience, practical or otherwise with respect to any matters relating to environmental pollution. We repeatedly asked him to inform us about one single such fact by which he could lay his claim to hold this office. He failed to inform us of even a single fact which could qualify him to hold this office. His only claim was that he is a politico -social worker. We asked him also as to how he came to be appointed on this post. He says that he made an application to Mrs. Neelam Nath. Secretary, Forests, we asked him whether such an application was invited from him. He says that the application was invited from him. We asked him whether invitation was extended to him personally by Mrs. Neelam Nath or did it appear in any advertisement. He says that he, on his own, gave such an application and that it was neither invited personally from him nor through any advertisement. Prima facie, it appears to us that a person who does not have the requisite qualification, experience, or knowledge has been appointed on the post of Chairman, Pollution Control Board. Before we proceed any further, we would like Mr. Poddar, learned A.A.G. to produce before us the original records of the Govt. relating to the appointment of Mr. Shahdeo.' ;