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Statutory and Non-Statutory Service Rules 2017 SCMR 732

2017 SCMR 732 Judgment Statutory and Non-Statutory Service Rules

2017 SCMR 732 Judgment Statutory and Non-Statutory Service Rules: Arts. 9 & 184(3)–-Sindh Environmental Protection Act (VIII of 2014), S. 5(2)—Sindh Hospital Waste Management rules , 2014, R. 9(1) & Sched. I—Constitutional petition before the Supreme Court to ensure provision of clean drinking water and safe environment for the people of Province of Sindh—Right of people to have access to clean drinking water, sanitation and a safe and hygienic environment—Scope—Commission was formed on the directions of the Supreme Court to record findings in regard to providing/supply of clean water to the residents of the Province besides the deteriorating conditions of sanitation—Visuals and footage recorded by the Commission in different cities of the Province graphically showed the actual state of waste and polluted water flowing into canals, channels and the main river, and the resulting environmental hazards and human sufferings—

Provincial Government had failed to supply drinkable water , and untreated municipal and industrial sewerage was poisoning water bodies—Dangerous hospital waste was being disposed of without proper management—Supreme Court directed that visuals and footage recorded by the Commission should be sent to the Speaker of the Provincial Assembly who may arrange its viewing in the Provincial Assembly to enable the peoples’ representatives/legislators to have a clear view of the prevailing situation in the Province; that the Provincial Government shall appoint a cadre officer as Director General, Sindh Environmental Protection Agency; that a Task Force formed to comply with the recommendations of the Commission shall immediately start its work under the supervision of the Provincial Chief Secretary and shall report to the Commission; that the Commission shall have further powers to ensure compliance of the recommendations made in its report and shall continue taking all steps to achieve the objective for which the Commission was formed;

that the Commission shall be at liberty to pass orders as High Court Judge whenever it was necessary in the public interest for achieving the object for which it has been constituted; that all Provincial and Federal Government departments, statutory bodies, agencies, companies under their patronage shall be bound by the directions and orders issued by the Commission; that the Commission may seek information or any detail in regard to any question relatable to water or sanitation problems in any part of the Sindh; that any expense borne by the Commission to undertake its task shall be borne by the Provincial Government; that any order of the Commission during the hearing of present proceedings cannot be appealed before any forum except the Supreme Court and it would be binding on all the Provincial and Federal Government departments and/or their agencies unless reversed or reviewed by the Supreme Court; that the Provincial Government shall be restrained from posting out either the Provincial Chief Secretary and/or any of the members of the Task Force on Water Filtration and Sewerage Treatment Plants from their office without prior approval of the Supreme Court unless a member’s three years tenure period was complete—Order accordingly.

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