Order of the National Green Tribunal in the matter of Varun Gulati Vs Union of India & Others dated 24/04/2023.

Grievance in the application is against inadequacy of staff in the Haryana State Pollution Control Board resulting in failure of regulatory mechanism under the environmental statutes. It is stated in the application before the NGT by Varun Gulati that out of 481 sanctioned posts, only 178 persons are working and the remaining 303 posts are vacant. This is resulting in violation of environmental law unregulated. The NGT, February 20, 2023 had sought a response in the matter from Haryana and Haryana SPCB.

The reply filed by the SPCB was that it had sent requisition to fill up the post to the Public Service Commission and was "helpless due to inaction on the part of the commission".

The bench of Justice Adarsh Kumar Goel and Justice Sudhir Agarwal of the NGT said that the stand of the Haryana SPCB does not show that the state has taken its responsibility seriously. No reply has been filed by the state of Haryana. The NGT directed the Chief Secretary, Haryana to look into the matter and take further action in a time bound manner in coordination with the concerned authorities.

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"The issue of alternative to Public Service Commission for selection in case Public Service Commission does not make recruitment within the expected time, may also be gone into," the judges said. The court directed an action taken report to be submitted regarding recruitment of vacant posts, strengthening of laboratories, strengthening monitoring network and operationalization of regional offices.

The report has to be filed within three months.