The judicial commission probing the non-provision of clean drinking water, sanitation and a healthy environment to the people of the province issued notices to 77 factories on Thursday for refusing to allow inspections by judicial magistrates and environmental inspectors, and called an explanation from the factory owners.
The commission, headed by Justice (retd) Amir Hani Muslim, was informed by the judicial magistrate (West) that 400 factories in the SITE areas had been visited, but the administrations of 77 of them restrained judicial magistrates and officials of the Sindh Environmental Protection Agency from entering the premises.
The factory owners were directed to submit their explanation why action should not be taken against them for denying access to the magistrates and officers of environmental protection agency deputed under the directives of the judicial commission constituted by the Supreme Court. They were directed to appear before the commission on February 24.
The commission also directed the chief secretary and the secretary the public health engineering department to ensure that transfers and postings of officers shall were not made in defiance of a Supreme Court judgment. It observed that during the visits it had undertaken to various districts of the province, it was noticed that officers of the public health engineering were being transferred frequently in defiance of the apex court’s judgment.
The commission further observed that officers were being transferred or given messages not to cooperate with it with the sole objective of defeating the purpose for which it had been established by the Supreme Court.
It warned that this practice needed to be stopped immediately and frequent transfers and postings at any level would be subject to justification as provided under the Civil Servant Act. It said any transfer or posting without a plausible reason was contempt of the judgment of the Supreme Court, and directed the chief secretary and the secretary of public health engineering to ensure strict compliance with the order of the apex court.
The commission observed that the transfer of a civil servant could be ordered by the competent authority but it cannot be made a tool to penalise any officer who refused to obey unlawful orders of high-ups. It directed the authorities to immediately withdraw such orders which were issued since the date when the commission started visiting the districts.
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