Pollution bodies’ vacancies: SC pulls up Delhi, NCR states
The Supreme Court on Thursday issued contempt notices to the chief secretaries of Delhi, Haryana, Uttar Pradesh and Rajasthan over the non-compliance of its August 2024 order asking them to fill vacancies in state pollution control boards by April 30.
A Bench led by Justice Abhay S Oka asked the officials to explain why they shouldn’t be punished under Contempt of Courts Act, 1971 for non compliance.
Pointing out 55 per cent posts were vacant in the Delhi Pollution Control Committee, it expressed shock over the body being “virtually defunct” and ordered the Delhi Chief Secretary to personally appear before it on May 19.
The chief secretaries of Haryana, Uttar Pradesh and Rajasthan have been directed to virtually appear before it on July 18.
Noting that Delhi, UP, Rajasthan and Haryana were in “wilful default” of its August 27, 2024 order, the court said, “We make it clear that non-compliance till returnable date will make case as a case or aggravated contempt (of court).”
Noting that there were 21 per cent vacancies in the Central Pollution Control Board, it ordered the central body to fill them by August, 2025. It also directed the Centre to ensure that all vacancies in the Commission for Air Quality Management (CAQM) were filled by August 2025.
“We find that it is a very sorry state of affairs. Our order of August 27, 2024, directed that vacancies as regards the NCR states shall be filled in by April 30, 2025. As far as the state of Haryana is concerned, 35 per cent posts are vacant. In Rajasthan 45 per cent posts are vacant. In Uttar Pradesh, 45 per cent posts are vacant. In Delhi, almost 55 per cent posts are vacant. Therefore, we can safely say that as far as Delhi is concerned, the pollution control body is non-functional,” it noted.
The Bench said it had been passing drastic orders to prevent air pollution in the Delhi NCR region since 1985 whereas pollution control boards being statutory authorities played a crucial role in preventing pollution and enforcing laws, pointing out that various powers were given to them under the Environment Protection Act, Air Act and Water Act.
“On this background we are shocked to know that the pollution control committee of Delhi is virtually defunct as 55 per cent posts are empty. State of Haryana expressed difficulty that candidates are not available. Pollution Control Boards need not confine the recruitment process only to people of their state. It can be a pan India process,” it said.
“It is necessary to look into the functioning of SPCBs as well as committees. Perhaps they must be using old technology and equipment. We direct CAQM to conduct a study on these aspects. CAQM shall work on this aspect and make its recommendations by the end of July and forward the same to CPCB as well as PCBs of Haryana, RJ, UP and Delhi. Based on the recommendations necessary action shall be taken by them by acquiring proper equipment,” it said.
Delhi