| Case ID |
1ae8dcec-fca3-4020-917b-25f5a379e67e |
| Body |
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| Case Number |
Writ Petition No.1761-P of 2020 |
| Decision Date |
Sep 10, 2020 |
| Hearing Date |
Sep 10, 2020 |
| Decision |
The court allowed the writ petition filed by Dr. Iqra Salim and the connected Writ Petition No.2778-P/2020, declaring the termination orders issued by the Medical Director of Lady Reading Hospital as illegal and void ab initio. The petitioners were terminated without a proper inquiry or opportunity for defense, which contravened principles of natural justice. The court emphasized the importance of adhering to lawful procedures in employment matters, particularly when dealing with public service employees. The respondents were directed to reinstate the petitioners with all back benefits. |
| Summary |
This case involves the Peshawar High Court's ruling on the termination of Dr. Iqra Salim and Dr. Barkat Ullah from their positions at Lady Reading Hospital. The court found that the terminations were conducted without following due process, failing to provide the petitioners with a show-cause notice or an opportunity to be heard. The decision highlighted the critical balance between administrative authority and the rights of employees, particularly in the context of public service. The court's ruling serves as a precedent for ensuring adherence to legal protocols in employment disputes, reinforcing essential principles of fairness and justice. By reinstating the petitioners, the court underscored the need for compliance with established procedures to avoid arbitrary actions by authorities, which is crucial in maintaining public trust in governmental institutions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Lady Reading Hospital (LHR), Peshawar,
Medical Director LRH (MTI)
|
| Judges |
ROOH UL AMIN KHAN, JUSTICE,
MUHAMMAD NASIR MEHFOOZ, JUSTICE
|
| Lawyers |
Barrister Amir Khan Chamkani,
Barrister Ibrahim Khan Afridi
|
| Petitioners |
Iqra Salim
|
| Respondents |
Government of Khyber Pakhtunkhwa through Chief Secretary and 4 others
|
| Citations |
2021 SLD 2790,
2021 PLC 936
|
| Other Citations |
Government of Khyber Pakhtunkhwa Workers Welfare Board v. Raheel Ali Gohar 2020 SCMR 2068
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Universities Act (X of 2012)
|
| Sections |
199,
23
|