On Wednesday, the Supreme Court criticized Uttarakhand Chief Minister Pushkar Singh Dhami, stating that “this is not a feudal era where a chief minister can act like a king.” The court was addressing Dhami’s decision to appoint an Indian Forest Officer (IFS) under departmental investigation for unauthorized construction and tree felling at Corbett as the Director of the Rajaji Tiger Reserve.
A bench led by Justice BR Gavai remarked, “We are not in a feudal era. There is a concept of public trust. State heads cannot behave like kings. When there is a specific note advising against appointing this officer as Director of Rajaji Tiger Reserve, you cannot override it just because you are the Chief Minister.”
However, the court did not pursue the matter further after the Uttarakhand government informed them that the appointment of the officer had been rescinded. The court noted, “Since the appointment of IFS officer Rahul (who goes by one name) as Field Director, Rajaji, has been withdrawn and he has been reassigned as Chief Conservator of Forests (Monitoring, Evaluation, IT, and Modernisation), no further orders are required.”
The controversy dates back to April 2022, when the Uttarakhand High Court ordered the state government to take action against officials involved in illegal activities at Corbett Tiger Reserve. Subsequently, Rahul was removed as the reserve’s director and reassigned to the Principal Chief Conservator of Forest’s office in Dehradun.
In response to the court proceedings, Rahul stated: “I requested to be relieved of the responsibility of Director, Rajaji Tiger Reserve. While my transfer order is lawful and can withstand judicial scrutiny, the process could be lengthy and tiresome. I fear that it might affect my ability to focus on my current duties, which require my full attention.”
The Supreme Court’s criticism of Dhami was based on a report submitted by the Central Empowered Committee (CEC), an expert body assisting the court on environmental matters. The report flagged the August 9 decision to appoint Rahul as the Director of Rajaji, a decision that overruled objections from various state officials, including the section officer, Deputy Secretary, Principal Secretary, and the Forest Minister, all of whom recommended reconsidering the appointment due to the pending departmental proceedings against Rahul.
The bench, which also included Justices PK Mishra and KV Viswanathan, remarked, “Unless he is exonerated in the departmental proceedings, you cannot give him a clean record.” Highlighting the objections that the Chief Minister bypassed, the bench added, “When all subordinate authorities advise against the posting, the Chief Minister cannot simply say no without providing reasons.”
Senior advocate ANS Nadkarni, representing the state, argued that there is no requirement for the Chief Minister to provide reasons. He offered to submit an affidavit stating that the Chief Minister had investigated the matter and found no incriminating evidence against Rahul in the Central Bureau of Investigation’s (CBI) ongoing inquiry into illegal construction at Corbett. Rahul was one of the individuals charge-sheeted for his alleged role in tree felling and unauthorized construction for the Pakhro tiger safari within Corbett’s critical tiger habitat.
The Supreme Court had previously ordered a CBI investigation into the tiger safari at Corbett in March and directed the Uttarakhand government to complete its departmental proceedings against officials, including Rahul, within six months.
Senior advocate K Parmeshwar, serving as amicus curiae, pointed out that the state government had yet to conclude its inquiry and had requested an additional three months. He further emphasized that the CBI investigation was still ongoing, and posting the officer in another critical tiger habitat like Rajaji was unjustifiable at this stage.
Abhijay Negi, counsel for Dehradun-based petitioner Anu Pant, who has been pursuing the case concerning illegal tree felling and construction in Corbett, said: “After Rahul’s appointment as Director of Rajaji on August 9, Anu Pant filed a complaint with the Supreme Court-appointed Central Empowered Committee (CEC) on August 30. On September 2, the CEC referred the matter to the Supreme Court for an urgent hearing.”
In his defense, Rahul asserted: “The matter of illegal construction and alleged tree felling has been investigated by nearly a dozen agencies. None of the reports available to the public have made any adverse findings against me as Director of Corbett Tiger Reserve. In fact, many have commended my role as a supervisory officer.”
Addressing media reports on the controversy, Uttarakhand Forest Minister Subodh Uniyal issued a statement clarifying: “Contrary to reports, the Chief Minister did not ignore the Minister, Chief Secretary, or anyone else in appointing the Director of Rajaji Tiger Reserve. The decision was unanimous and made with the consent of both the Chief Minister and myself.”
