The Special Chief Secretary to Government (In charge), Environment, Forests, Science and Technology Department filed reply. The reply of 1st respondent is that under the scheme of Water and Air Acts, every State should have a body called ‘Pollution Control Board’ under the provisions of these enactments and the Board oversees discharges etc., the functions and duties under the Water and Air Acts. The 1st respondent states that the constitution of the instant Board conforms to the requirements of the Water and Air Acts and the Chief Secretary is the Chairman who has knowledge and experience in administering the institutions. The reasons for nominating the Principal Secretaries/Other Officers who have direct or indirect connection with the industry and pollution are nominated to the Board for effective implementation of the assigned functions. The Chairman, being the Chief Secretary of the State, is involved in framing the policies related to industry on the one hand and environment, ecology and implementation of decisions at field level on the other. It is stated that to contend that the Chief Secretary does not possess adequate or special knowledge on the environment or related topics, is too specious. The 1st respondent further states that the persons nominated through the impugned GO have administrative knowledge, experience and the persons help the Board in properly implementing the functions and duties under the respective enactments. The 1st respondent justifies the constitution of Board and submits that the writ jurisdiction of this Court under Article 226 of the Constitution of India against G.O.Ms.No.72 dated 30.08.2014 is misconceived and the PIL is liable to be dismissed.
