Allahabad High Court
Dr.Ranjeet Kumar Dalela vs Chandra Shekhar Mishra,Secy.Ministry ... on 9 August, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 1047 of 2019 Applicant :- Dr.Ranjeet Kumar Dalela Opposite Party :- Chandra Shekhar Mishra,Secy.Ministry Of Environment Forest & Counsel for Applicant :- Salil Kumar Srivastava Counsel for Opposite Party :- Neerav Chitravanshi Hon'ble Dinesh Kumar Singh,J.
1. Heard Mr. Salil Kumar Srivastave, learned counsel for the petitioner, as well as Mr.S.B. Pandey, Assistant Solicitor General of India, assisted by Mr. Neerav Chitravanshi, Advocate and learned Standing Counsel representing contemnor-respondents.
2. The petitioner filed Writ Petition No.29143 (M/B) of 2018, challenging Notification No.S.O.4971(E) dated 19.09.2018 issued by the Ministry of Environment, Forest and Climate Change whereby the petitioner's name was omitted from the Notification No.S.O.3338(E) dated 16.10.2017.
3. The petitioner was selected by the Directorate of Environment, Uttar Pradesh on the post of Member of the State Expert Appraisal Committee.
4. Vide the Notification dated 19.09.2018, the petitioner was removed from the membership of the said Committee.
5. The aforesaid writ petition was allowed by observing as under:-
"13. Providing of reasons in orders is an essence in judicial proceedings. Every litigant who approaches the Court with a prayer is entitled to know the reasons for acceptance or rejection of such request. It is the reasoning which ultimately culminates into final decision which may be subject to examination of the appellate or other higher Courts.
14. The reasoning in the opinion of the authority, thus, can effectively be analysed or scrutinized by the Court. The reasons indicated by the authority could be accepted by the Court without presuming what weighed with the authority while coming to the impugned decision. The cause of expeditious and effective disposal would be furthered by such an approach. Absence of reasoning may have the effect of negating the purpose or right of appeal and, thus, may not achieve the ends of justice.
15. We would emphasize the principle that when reasons are recorded they can be weighed, the public can have assurance that process of correction is in place and working. It is the requirement of law that correction process of judgments should not only appear to be implemented but also seem to have been properly implemented. Reasons for an order would ensure and enhance public confidence and would provide due satisfaction to the consumer of justice under our justice dispensation system.
16. In view of the discussion made, as well as authorities cited hereinabove, we, hereby quash the impugned Notification dated 19th September, 2018, providing opportunity to the respondents to proceed in accordance with law, if they so desire.
17. The writ petition is accordingly allowed."
6. Pursuant to issuance of contempt notice, an affidavit of compliance of Ms. Kalpana Awasthi, Principal Secretary, Environment, Forest and Climate Change, Government of U.P., Lucknow has been tendered today in the Court, which is taken on record.
Along with the said affidavit of compliance, copy of order dated 07.08.2019 has been placed on record as Annexure-1. Copy of letter dated 05.08.2019 issued by the Ministry of Environment, Forest and Climate Change (Impact Assessment Division) has been annexed as Annexure-2.
7. It seems that the State Government sought clarification from the Central Government and the Central Government vide aforesaid letter dated 05.08.2019 stated that according to the Ministry's Notification issued vide S.O. 4914(E) dated 19.09.2018 regarding termination of the membership of Dr. Ranjit Kumar Dalela as Member, SEAC, Uttar Pradesh, the original Notification issued vide S.O. 3338(E) dated 16.10.2017 regarding reconstitution of SEIAA/SEAC, Uttar Pradesh, Dr. Dalela continues to be a member. There is no requirement to re-notify the membership of Dr. Dalela by the Ministry. The Government of Uttar Pradesh was given liberty to take suitable action in compliance of the order dated 17.12.2018 passed by this Court in Writ Petition No.29143 (M/B) of 2018.
8. On 07.08.2019, the Principal Secretary, Environment, Forest and Climate Change, Government of U.P. has directed the Director, Environment, U.P., Lucknow to restore the membership of Dr. Ranjit Kumar Dalela in compliance of the judgment and order dated 17.12.2018 passed by this Court. It has also been said that looking at the work and conduct of Dr. Dalela, the petitioner, no sensitive work should be taken form him till the report of the inquiry committee is made available.
9. Since the membership of the petitioner has been restored and the inquiry is going on against him, I do not think that now this contempt petition survives. Accordingly, the contempt petition is disposed of as having been rendered infructuous.
10. However, it is directed that the petitioner should be allowed to participate in the meetings of the Committee except where there is conflict of interest of the petitioner in the matter.
[Dinesh Kumar Singh,J.] Order Date :- 9.8.2019MVS/-