Sanjay Dhar, J
1) During the course of hearing, learned counsel for the respondents submitted that subject matter of this petition is amenable to the jurisdiction of Central Administrative Tribunal Srinagar Bench and, as such, the petition is required to be transferred to the Tribunal.
2) A perusal of the record shows that the petitioners have invoked writ jurisdiction claiming the relief against the Jammu and Kashmir Pollution Control Board which is a statutory authority constituted under the provisions of Air (Prevention and Control of Pollution Act),1981. It seems that because of this reason, earlier order dated 26.06.2020 passed by this Court, whereby the writ petition was transferred to Central Administrative Tribunal, was recalled on 30.12.2022 and the writ record was summoned from the Tribunal for its consideration by this Court.
3) Today, learned counsel for the respondents has brought to the notice of this Court notification bearing F.No.C-603/ J&K PCC/Legal- 2021 dated 25.03.2021, whereby Central Pollution Control Board has delegated all its powers under the provisions of the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 in respect of Union Territory of Jammu and Kashmir to a Committee specified by the Central Government.
4) It is pertinent to mention that in terms of Sub Section (4) of Section 4 of Water (Prevention and Control of Pollution) Act 1974, a State Board cannot be constituted for a Union Territory and in relation to a Union Territory, the Central Board has to exercise the powers and perform the functions of State Board for that Union Territory and the Central Board has power to delegate all or any of its powers and functions to a person or body of persons as the Central Government may specify. Similarly, Section 6 of Air (Prevention and Control of Pollution) Act 1981 provides that State Board is not to be constituted for a Union Territory and in relation to a Union Territory, the Central Board would exercise the powers and perform the functions of a State Board. It is further provided that in relation to a Union Territory the Central Board may delegate its powers and functions to a person or body of persons as the Central Government may specify.
5) From a perusal of the aforesaid provisions and the notification dated 25.03.2021 (supra), it is clear that after the reorganization of erstwhile State of Jammu & Kashmir, in place of State Pollution Control Board, the Central Government has constituted a Committee upon which the Central Pollution Control Board, which exercises powers under the Act in relation to Union Territory of Jammu & Kashmir, has delegated the same to the Committee, meaning thereby, that State Pollution Control Board has been replaced by Central Pollution Control Board acting through the Committee constituted by the Central Government. Therefore, by operation of law the employees of the erstwhile State Pollution Control Board are now the employees of the Central Pollution Control Board.
6) As per entry 32 of the list of Corporations/Societies/Other Authorities that come within the purview of Central Administrative Tribunal under Section 14(2) of the Administrative Tribunal Act, service matters relating to Central Pollution Control Board are cognizable by Central Administrative Tribunal. Therefore, subject matter of the instant petition is cognizable by Central Administrative Tribunal Srinagar Bench.
7) For the foregoing reasons, order dated 30.12.2022 passed by this court is reviewed and the instant writ petition is transferred to Central Administrative Tribunal Srinagar Bench. The registry is directed to transmit the record of this petition to Srinagar Bench of Central Administrative Tribunal immediately, where the parties shall appear on 29.11.2023.
