Supreme Court to Pushkar Dhami: If CM, can’t just do anything you like

The Supreme Court on Wednesday took a strong exception to Uttarakhand Chief Minister Pushkar Dhami’s decision to appoint as Director of Rajaji Tiger Reserve an Indian Forest Service (IFS) officer, Rahul, who was earlier removed from Corbett Tiger Reserve over allegations of illegal tree felling.

“We are not in a feudal era, jaisa Rajaji bole waisa chale... The Chief Minister should have given reasoning. The least expected is to give an application of mind with reasons in writing when he differed from his Minister and the Chief Secretary,” a Bench led by Justice BR Gavai said.

“There is a specific note to the Deputy Secretary that the departmental proceedings are initiated against him (Rahul)… that the CBI inquiry is there, therefore, he should not be posted anywhere in the tiger reserve. That is endorsed by the Deputy Secretary, Principal Secretary and the Forest Minister, and this is all ignored by the Chief Minister,” said the Bench, which also included Justice Prashant Kumar Mishra and Justice KV Viswanathan. “Just because he is Chief Minister, can he do anything? Either that officer should be exonerated or the departmental proceedings dropped. There is something called public trust doctrine in this country, the heads of the public offices cannot do whatever they want when the endorsements are there that he (officer) should not be posted there,” it said.

At one point, the Bench said it would seek an affidavit from the Chief Minister. But it later changed its mind after senior counsel ANS Nadkarni submitted on behalf of the Uttarakhand Government counsel that the state would explain the decision on the next date of hearing. Nadkarni sought to defend Rahul’s appointment, saying the Chief Minister had the discretion to make such appointments.

The Bench’s observations came after the top court-appointed Central Empowered Committee (CEC) report said Rahul’s appointment prima facie did not inspire confidence in the stakeholders involved in wildlife conservation as certain disciplinary proceedings were pending against him.

Rahul was removed from Corbett Tiger Reserve after alleged illegal tree felling and construction, which were still under consideration before the top court and he was also being probed by the CBI, the report said. The Uttarakhand High Court had in January 2022 directed the state government to take action against officials responsible for the illegal tree felling and construction inside Corbett. The state government had suspended two forest officers in April 2022 and removed Rahul as the Corbett Director.