Appoint persons with legal background to PCB: NGT

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said while technical functions can be performed by other technically qualified persons, legal and judicial functions such as grant of consent, hearing of appeals, taking action for noncompliance can certainly be undertaken by the person having a legal background

New Delhi: The National Green Tribunal has expressed concern over the "unsatisfactory" operation of state pollution control boards and suggested that people having a legal background should be appointed to the boards to deal with the issues that require judicial knowledge.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said while technical functions can be performed by other technically qualified persons, legal and judicial functions such as grant of consent, hearing of appeals, taking action for noncompliance can certainly be undertaken by the person having a legal background. 

The green panel said that competent, honest and independent persons of outstanding ability and high reputation, who enjoy the confidence of the people, must man the public services including the pollution control boards. 

"Accordingly, we suggest that the Centre as well as state governments may appoint persons with judicial background to deal with the issues which may require the knowledge of legal and judicial system in the pollution control boards and the local authorities. 

Such persons can also advise such bodies on manner of compliance of law so that such bodies can be saved from unnecessary litigation and charges of failure to comply with law…Presence of a person with judicial background will help the pollution control boards as well as local bodies to effectively discharge their administrative and judicial functions in an efficient manner. 

We are informed that in some of the pollution control boards and local bodies, judicial officers are already being engaged," the bench said. 

The tribunal said that keeping in view the statutory schemes of composition of the Central Pollution Control Board and state pollution control boards under Section 3 and 4 of the Water (Prevention and Control of Pollution) Act, 1974, it does not find any prohibition for a person with legal and judicial background to be at the helm of affairs. 

It directed that a copy of this order be sent to the Secretary of the Environment Ministry and the chief secretaries of all the states by e-mail for their consideration and action. 

"They are at liberty to send their response, if any, in four months by e-mail," the bench said. The tribunal had earlier questioned state governments and Union Territories on top appointments in state pollution control boards and directed them appoint persons with requisite qualification against the vacancies. 

The green panel had said the nominations should be of persons who have "special knowledge, practical experience or qualification in environment protection studies" and not on the ground of their association with state government.