The Supreme Court has issued contempt notices to the Chief Secretaries of Delhi, Uttar Pradesh, Haryana, and Rajasthan for breach of its order to fill all vacancies in their respective Pollution Control Boards (PCBs) and Pollution Control Committees by April 30, 2025.

The Court observed that these states had committed a wilful breach of its earlier order dated August 27, 2024 directing that all vacancies in PCBs of NCR states be filled by April 30, 2025.

“We are of the view that the states of Haryana, Rajasthan, UP and Delhi have committed wilful breach of our order dated 27th August, 2024. We therefore direct that notice of contempt shall be issued to Chief Secretaries of Haryana, Rajasthan, UP and Delhi. The notices shall call upon the Chief Secretaries of the states to show cause why they should not be punished under the Contempt of Courts Act, 1971”, the Court stated.

A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan said that the Chief Secretary of Delhi has to appear physically before the Court on May 19, 2025. The personal appearance of the Chief Secretaries of the other three states has been dispensed with for the time being.

The bench rejected request made by counsel for Delhi to allow the Chief Secretary to appear via video conferencing or first file an affidavit.

“Let him come physically”, Justice Oka responded, adding, “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 room for the Chief Secretary in the court, if this kind of lack lustre attitude continues on your part.”

The Court took note of the “very sorry state of affairs” in the National Capital Region (NCR) states and recorded that the Delhi Pollution Control Committee has 55 percent of its posts vacant, rendering it non-functional. In Haryana, 35 percent of the posts are vacant. Rajasthan has 45 percent of posts vacant, though the state has stated that the process of filling 164 posts has been initiated. Uttar Pradesh also has 45 percent vacancies.

Observing that the Pollution Control Committee of Delhi is “virtually defunct,” the Court expressed shock that 55 percent of its sanctioned posts are vacant.

“For the past several years, Delhi is facing huge problem 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 noted that since 1985, it has passed several orders to prevent air pollution in NCR. It reiterated that PCBs are statutory authorities playing a crucial role in enforcing laws related to pollution under the Environment Protection Act, 1986, the Air (Prevention and Control of Pollution) Act, and the Water (Prevention and Control of Pollution) Act.

Taking note of Haryana's submission that suitable candidates are not available, the Court said that the PCBs need not restrict recruitment to their own states and may consider candidates from across India.

The counsel for Haryana submitted that most vacant posts are promotion posts that have to be filled from employees of the department. The Court said that NCR states may modify their recruitment rules and regulations to achieve the target of full staffing.

In a lighter vein, Justice Oka remarked that since the Central Government controls other parts of Delhi, including the Delhi Police, it might as well take over the pollution control board too.

The notice to the Chief Secretary of Delhi is returnable on May 19, while those to the Chief Secretaries of the other three states are returnable on July 18. The Court warned that non-compliance by these dates would amount to aggravated contempt. “We make it clear that non-compliance till returnable date will make it a case of aggravated contempt”, said the court.

The Court was also informed that 21 percent of posts in the Central Pollution Control Board (CPCB) are vacant. It directed that all posts in the CPCB be filled by August 31, 2025, and an affidavit of compliance be filed by the Union of India by the end of August.

The Court directed the Commission for Air Quality Management (CAQM) to undertake a systematic study of the functioning of state pollution control boards and committees, regarding technology and equipment used.

“It is necessary to look into the functioning of state pollution control boards as well as control pollution control committees. Perhaps they may be 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 said.

CAQM is to complete its study and make recommendations by the end of July and forward them to the CPCB as well as state PCBs of Haryana, Rajasthan, Uttar Pradesh and Pollution Control Committee of Delhi. These bodies must then act upon CAQM's recommendations by acquiring proper equipment.

Amicus Curiae Aparajita Singh submitted that the CAQM itself has 37 out of 56 posts vacant. The Court directed that all vacancies in CAQM must be filled by the end of August 2025.

“Initially, the performance of CAQM may not be up to the mark but during last few months we have seen that it has improved its performance. However, CAQM cannot continue with more than 30% vacancy. We direct CAQM that all vacancies are filled by the end of August 2025”, the Court said.

The CPCB submitted that the situation in other states is also concerning. In Bihar, 90 percent of the posts are vacant. Many other states have over 60 percent vacancies. The Court noted that the same applies to Pollution Control Committees in Union Territories, including Andaman and Nicobar Islands, Chandigarh and Jammu and Kashmir. It directed all state PCBs to ensure that all vacant posts are filled by September 30, 2025.

Last year, the Court had taken note of affidavits filed by various states, showing high levels of vacancies: 395 out of 808 posts in Rajasthan, 204 out of 344 in Delhi, 344 in Uttar Pradesh, and 173 in Haryana.

On July 10, 2024, the Court criticized the Delhi Government for engaging contractual employees instead of making regular appointments to the pollution control board. The Court had noted that 233 out of 344 sanctioned posts in the Delhi Pollution Control Committee were vacant at that time and questioned how the committee was functioning.

Case no. – WP (C) No. 13029/1985

Case Title – MC Mehta v. Union of India and Ors., In Re: Number of Vacant Posts in Statutory Pollution Control Boards of Various States