Supreme Court issues contempt notice to Chief Secretaries of NCR States over pollution board vacancies

The Supreme Court on Thursday issued contempt of court notice to the Chief Secretaries of Delhi, Uttar Pradesh, Haryana and Rajasthan for failing to comply with its order to fill up the vacancies in their respective Pollution Control Boards (PCBs) and Pollution Control Committees..The Court noted that these States had committed "wilful breach” of its August 27, 2024, directive which had set a deadline of April 30, 2025 for filling all such vacancies.A Bench of Justices Abhay S Oka and Ujjal Bhuyan expressed strong displeasure over the condition of PCBs in the National Capital Region (NCR).The Delhi Pollution Control Committee (DPCC) has 55% of its sanctioned posts vacant rendering it virtually defunct, the Court highlighted.The Court pointed out that despite its repeated orders to curb pollution in the region, Delhi continues to face severe air quality issues and the lack of adequate staffing in the DPCC significantly hampers effective enforcement.“For the past several years, Delhi has been facing huge problems of air pollution. Notwithstanding several orders passed by this court, every year new issues regarding air pollution are arising. In this background, we are shocked to know that the Pollution Control Committee of Delhi is virtually defunct as 55% posts are vacant,” the Court observed..The Court directed the Chief Secretary of Delhi to appear in person on May 19 and rejected the request by the State’s counsel to allow a virtual appearance or the filing of an affidavit instead. Justice Oka expressed frustration over the repeated need to summon Delhi’s top bureaucrat, and remarked that the Court might soon need to arrange a permanent room for the Chief Secretary at the Supreme Court if such defaults continue.“Every time we are required to call the Chief Secretary. Just go through all the orders in other cases also. How many occasions we have to summon the Chief Secretary? We will have to request the registry to provide a room for the Chief Secretary in the court,” Justice Oka said. .While the personal appearance of the Chief Secretaries of Uttar Pradesh, Haryana, and Rajasthan has been excused for now, the Court directed them to file affidavits explaining their non-compliance by July 18. The Court warned that further non-compliance would be treated as aggravated contempt, potentially attracting stricter punitive measures..The Court also took note of Haryana’s submission that many vacant posts are promotional which have to be filled from within the department, which has created challenges in recruitment. The Court rejected this reasoning and said that PCBs need not limit their recruitment to state employees alone and can consider candidates from across India..On broader issues, the Court directed the Commission for Air Quality Management (CAQM) to conduct a systematic study on the technological and operational shortcomings of PCBs and Pollution Control Committees, noting that outdated equipment and processes further hinder their effectiveness.“It is necessary to look into the functioning of state pollution control boards as well as pollution control committees. Perhaps they are using age-old technology and equipment. We direct CAQM to undertake a systematic study on these aspects. Unless the Pollution Control Boards use modern technology and equipment, they will not be able to properly discharge their statutory duties,” the Court stated.The Court also directed that all vacancies in the Central Pollution Control Board (CPCB) be filled by August 31 and ordered the Union of India to ensure that all vacant posts in CAQM are similarly filled by the same date. It noted that 37 out of 56 posts in CAQM are currently vacant, which significantly undermines the body’s capacity to fulfill its mandate.Additionally, the Court ordered all State PCBs to fill their remaining vacancies by September 30 and required them to place on record their compliance with these directions..[Read Order].[Read Live Coverage]