Supreme Court contempt notices to chief secretaries of Delhi and NCR states

Supreme Court issues contempt notices to Delhi and NCR states for failing to fill vacancies in pollution boards, citing non-functionality of DPCC.

The Supreme Court on Thursday issued contempt notices to the chief secretaries of Delhi and neighbouring NCR states for failing to fill longstanding vacancies in their respective pollution control boards, noting with dismay that the Delhi Pollution Control Committee (DPCC) was virtually “non-functional” with 55% of posts lying vacant.

Delhi’s chief secretary has been directed to appear in person on May 19, while those from Haryana, Uttar Pradesh and Rajasthan have been asked to appear online on July 18. (ANI)

Delhi’s chief secretary has been directed to appear in person on May 19, while those from Haryana, Uttar Pradesh and Rajasthan have been asked to appear online on July 18.

The directions came in a public interest litigation by lawyer-activist MC Mehta. On August 27, 2024, the court had ordered that all vacancies in DPCC and the state pollution control boards of Haryana, Uttar Pradesh, and Rajasthan be filled by April 30, 2025. With the deadline now lapsed, the court said it was “shocked” by the continued vacancies.

“It’s a very sorry state of affairs... We can safely say DPCC is non-functional,” said a bench of justices Abhay S Oka and Ujjal Bhuyan. It noted that pollution control boards are responsible for enforcing environmental laws, including the Air Act, Water Act, and Environment Protection Act, and cannot operate effectively without adequate staffing.

While DPCC was the worst affected, UP and Rajasthan were also found to have 45% vacancies, and Haryana had 35%. The Central Pollution Control Board (CPCB) itself reported 21% vacancies, while Bihar and Jharkhand were shown to have vacancy rates as high as 90%.

The court said that failure to comply with its earlier orders would amount to “aggravated contempt” and warned the states to act swiftly.

Delhi’s request for more time was denied, with the court highlighting the city’s chronic pollution crisis, which has required emergency measures such as the Graded Response Action Plan (Grap), vehicle restrictions, and firecracker bans.

The court has now given all pollution control boards until the end of September to fill their vacancies, while directing the Centre to ensure the CPCB is staffed fully by August. It also directed that the understaffed Commission for Air Quality Management (CAQM), which currently has a 30% vacancy rate, be filled by the end of August.

The bench advised states to look beyond internal candidates and recruit from other states if necessary. It also expressed concern about the outdated technology and tools being used by pollution control boards, and asked CAQM to submit a report on their infrastructure and equipment by the end of July, which must then be shared with all NCR boards and the CPCB. States have been directed to act on CAQM’s recommendations and procure modern instruments accordingly.