The Supreme Court in the case Amitabh Srivastava v. Rajendra Kumar Tiwari And Ors observed and has closed the contempt pleas seeking implementation of a 2017 order of the Supreme Court wherein directing all the State Governments for framing appropriate recruitment rules for Chairperson, the Member Secretary and Members of the State Pollution Control Boards (SPCBs) in terms of the reports of various committees and the authorities (Bhattacharia Committee, Belliappa Committee, Administrative Staff College of India Study, Menon Committee and the Supreme Court Monitoring Committee), within six months,for ensuring that suitable professionals and experts are appointed to the SPCBs. The counsel, Senior Counsel, Mr. Sanjay Hegde appearing on behalf of the contempt petitioners, submitted before the court that it has been directed by the Supreme Court that the State Governments for framing the guidelines to ensure that the SPBCs are efficacious and vibrant bodies being equipped to discharge duties bestowed upon them. It has also been pointed out by him that the Rules framed by the State of Manipur and Mizoram in this regard are vague and general and the Rules which are framed by the State of Manipur and Mizoram in this regard are vague and general and to allow the recruitment and appointment of individuals who cannot be characterised as competent or experienced. Mr. Hegde asserted that induction of academics, professionals, experts and technologists are an essential part for efficient functioning of the SPCBs. The bench comprising of Justice Ravindra Bhat and Justice Dipankar Datta observed and has noted that in the present contempt proceedings it would not be befitting for the said Court to keep monitoring the matter further. The bench while closing of the proceedings asked the State of Mizoram and Manipur for considering the desirability of changing the rules in terms with the suggestions in the five reports placed before the Apex Court. The court also noted that, any person aggrieved by the Rules is at liberty to seek remedies in law. In the present proceedings, it has been complained by the petitioners about the wilful and deliberate contempt by State Governments. In view of the same, cognisance was taken, and a notice has been issued by the Apex Court to all the State Government, the Union Territories and the Union Government. Therefore, to discharge their responsibilities under the said notice, affidavits have been filed by the concerned parties. During the pendency of the contempt pleas filed that some states had amended their Rules, while others framed fresh Rules for Appointment. The bench while considering the rules which are being framed or the amendments made, the court opined that hence and by large the States have compiled with the order of the Supreme Court with respect to framing of guidelines and recruitment Rules for SPCBs, along with the essential eligibility criteria. Accordingly, the bench stated that it being pertinent to note that the correctness of these Rules have been made the subject matter of the present contempt proceedings. IN COURT Supreme Court asked Mizoram and Manipur for considering desirability of amending recruitment rule for State Pollution Control Boards TDG Network new delhi TDG Network new delhi TDG Network new delhi TDG Network new delhi The bench headed by Justice Shah stated that, what being the need of mediation? The Husband and wife are ready to go with each other. Then what being the need? Last time, the court recorded your submission and granted you time. Do not waste the court time, be sure (of your decision). In the present case, the court initiated the criminal proceedings against the Indian Army personnel back in 2011 under Section 354 of the Indian Penal Code, 1860 which penalizes acts of assault or for criminal force to a woman with “intent” to outrage the modesty of women.
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