Pollution bodies vacancies SC issues contempt notices to chief secretaries of Delhi NCR states

     New Delhi, May 8 (PTI) Calling it a sorry state of affairs, the Supreme Court on Thursday chided governments of Delhi and adjoining states of Haryana, Uttar Pradesh and Rajasthan for not filling vacancies in their pollution control boards.
     A bench of Justices Abhay S Oka and Ujjal Bhuyan, therefore, issued contempt notices to the chief secretaries of Delhi, UP, Haryana and Rajasthan over the non-compliance of its August 2024 order asking them to fill the vacancies by April 30 this year.
     The top court pointed out 55 per cent posts were vacant in the Delhi pollution control committee and found it shocking that the body was "virtually defunct".
     Issuing notices, the apex court ordered the officials to explain why shouldn't they be punished under Contempt of Courts Act, 1971 for non compliance.
     While the Delhi chief secretary was directed to personally appear before court on May 19, chief secretaries of other states were ordered to virtually appear on July 18.
     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.
     Various powers were given to them under the Environment Protection Act, Air Act and Water Act, it said.
     "Referring to NCR states, 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 state of Haryana is concerned, 35 per cent posts are vacant. In Rajasthan 45 per cent posts are vacant," the bench said.
     The top court added, "In case of 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, pollution control body it is non functional."
     For the last several years, the bench said, Delhi was grappling with increased air pollution.
     "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," the court said.
     Accusing Delhi, UP, Rajasthan and Haryana of "wilful default" for flouting its August 27, 2024 order, the court said, "We direct that notice of contempt will be issued to the chief secretaries of the above states."
     The chief secretaries, in turn, were ordered to showcause why they should not be punished under the Contempt of Courts Act, 1971.
     "We make it clear that non-compliance till returnable date will make case as a case or aggravated contempt," the bench said.
     The apex court also took into account the 21 per cent vacant posts in Central Pollution Control Board and directed filling them by August, 2025.
     "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 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.
     The top court noted that even Commission for Air Quality Management (CAQM) had vacant posts and directed the Centre to ensure all vacancies were filled in by August 2025.

(This story has not been edited by THE WEEK and is auto-generated from PTI)