KSPCB Chairman Shanth A Thimmaiah removed from office for abuse of power and violation of transparency rules

Bengaluru: The state government on Friday dismissed the Karnataka State Pollution Control Board Chairman (KSPCB) Shanth A Thimmaiah from his post for misuse of power and violation of rules in three different cases, including circumvention of transparency law while awarding works worth Rs 17 crore.

Last year, the government had issued a notice to Thimmaiah, stating that he had violated the Karnataka Transparency in Public Procurement (KTPP) Act as well as the single-source agency selection policy for awarding advertising works worth Rs 17 crore. This was done without technical approval from the membership secretary and without the necessary administrative approvals.

Thimmaiah replied that the decision was brought to the attention of the Board, which approved it post facto. He argued that notifying the chairman was inappropriate because the board supported his action, making it a collective decision.

The government, however, noted that work worth Rs 3.4 crore was awarded to Sai Advertisers, although the agency did not produce a cost sheet. Similarly, the government said that the CEO had illegally awarded the work to Signpost India Pvt Ltd without inviting tenders.

In the case of work worth Rs 7 crore entrusted to Adonmo Pvt Ltd, the government said Thimmaiah “abused his power” and selected the company “illegally”, violating the rules for appointing the selection committee. As per the rules issued in 1976, the chairman has the power to decide on tenders worth up to Rs 25,000. “However, by awarding work worth over Rs 7 crore, it is very clear that Shanth A Thimmaiah has misused his powers,” the order said.

In the second instance, the government notified Thimmaiah of the appointment of Suri Payali, IT Manager, KSPCB, as Member Secretary (on additional charge). In principle, a senior officer of the All India Service holding a Master’s Degree in Science or an equivalent degree in a related science and having previous experience in matters related to the KSPCB can hold this post.

Thimmaiah was appointed for three years in November 2021 in violation of the law. Under the rule, his term would be limited to less than six months. The Congress government tried to rectify the mistake by removing it in August 2023. However, the Karnataka High Court issued a stay order and allowed him to continue working.

“Pursuant to Art. 4 section 2 letter f) of the Water (Prevention and Control of Pollution) Act and as per the orders of the Supreme Court, the appointment of the chairman, member-secretary and members is within the competence of the government,” the order read: adding that Thimmaiah had exceeded his requirements.

The third instance concerned alleged fraud regarding permits granted to Enviro Recyclean Pvt Ltd, a plastic recycling company. Control of the Central Pollution Control Board (CPCB) said the company was not carrying on business but had issued extended producer responsibility (EPR) certificates for recycling 3.48 lakh tonnes. The KSPCB gave its approval to operate the factory within seven days of granting permission to set up the factory.

In a notice issued by the government not to suspend the officials responsible for the scam, Thimmaiah stated that prior approval from the government is required for such actions. However, Thimmaiah unilaterally suspended three environmental officials. “This shows a contradictory position and a biased action,” the order said, adding that its argument was “baseless.”

The resignation order was accompanied by another order in which the government transferred additional duties of the BP chairman to Ravi, principal secretary for ecology and environment.