SC Issues Contempt Notice to NCR Chief Secretaries Over PCB Vacancies

The Supreme Court on Thursday, May 8, 2025, issued contempt notices to the Chief Secretaries of Delhi, Uttar Pradesh, Rajasthan, and Haryana for failing to comply with its earlier orders to fill vacancies in Pollution Control Boards.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan was hearing the M.C. Mehta matter concerning air pollution in Delhi-NCR, particularly the issue of filling vacant posts in the State Pollution Control Boards and Pollution Control Board committees.

"We are of the view that the States of Haryana, Rajasthan, Uttar Pradesh, and Delhi have wilfully breached the order dated 24 August 2024. All the posts ought to have been filled by the end of April. ...We therefore direct that notices of contempt shall be issued to the Chief Secretaries of Haryana, Rajasthan, and Delhi. The notices shall call upon the Chief Secretaries to show cause why they should not be punished under the Contempt of Courts Act, 1971...," the court directed.

Highlighting the fact that the Delhi Pollution Control Committee has more than 50% vacancies, the Court directed the Chief Secretary of Delhi to appear in person on 19th May. The personal appearance of other Chief Secretaries has been dispensed with for the time being.

Noting that 21% of posts in the Central Pollution Control Board were lying vacant, the court directed, "All vacant posts shall be filled by the end of August 2025, and an affidavit of compliance shall be filed by the Union of India by the same date."

Pointing out that Pollution Control Boards need modern equipment, the court asked CAQM to suggest measures for equipping Boards with modern equipment and techniques. It further added that without these upgrades, it would be very difficult for them to discharge their duties.

During the hearing today, Senior Advocate Aparajita Singh, assisting the Court as amicus curiae, informed the bench that the Commission for Air Quality Management (CAQM) itself had 37% vacancies.

In response, the Court said that although CAQM's performance may not have been up to the mark earlier, it has definitely improved its performance over the past few months. The Court, therefore, directed the Union of India to ensure that all vacancies are filled by the end of August 2025.

Taking note of a detailed note submitted by the Central Pollution Control Board, the court said," .....The note reveals that almost all states have vacancies. In Jharkhand, 91% of the posts are vacant; in Bihar, the figure stands at 90%. Several other states have vacancy levels exceeding 60%. There are also vacancies in Union Territories like Jammu & Kashmir, Andaman & Nicobar Islands, and Puducherry. We direct all State Pollution Control Boards to ensure that all vacancies are filled by the end of September 2025......"

Case Title: M.C. Mehta v Union of India