| Case ID |
2e833229-3e2f-4432-8fc1-058d87fbf533 |
| Body |
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| Case Number |
Writ Petition No.3636 of 2021 |
| Decision Date |
Jan 17, 2022 |
| Hearing Date |
Nov 01, 2021 |
| Decision |
The Islamabad High Court allowed the writ petition filed by Professor Dr. Qazi Tahir Uddin, asserting that the termination of his appointment as Member (Examinations) of the National Medical Authority was unlawful. The Court ruled that his appointment was for a fixed term of four years under Section 15(2) of the Pakistan Medical Commission Act, 2020, and that he could only be removed through the procedure outlined in Section 15(7), which requires a formal inquiry into any alleged misconduct. The Court emphasized the necessity of due process and the statutory protection afforded to the petitioner, ultimately ordering his reinstatement to the position he was wrongfully terminated from. |
| Summary |
In the case of Writ Petition No.3636 of 2021, Professor Dr. Qazi Tahir Uddin challenged the termination of his appointment as Member (Examinations) of the National Medical Authority. The Islamabad High Court held that such termination violated the statutory provisions established under the Pakistan Medical Commission Act, 2020, specifically Sections 15(2) and 15(7), which provide for fixed-term appointments and due process in dismissals. The Court ruled that the petitioner was entitled to a fair inquiry regarding the allegations against him and could not be removed without following the proper legal procedures. This decision underscores the importance of adhering to statutory protections for public office holders and the necessity of due process in employment matters within public institutions. The ruling is significant for those involved in public service and administrative law, highlighting the balance between employer rights and employee protections. |
| Court |
Islamabad High Court
|
| Entities Involved |
Pakistan Medical Commission,
National Medical Authority
|
| Judges |
MIANGUL HASSAN AURANGZEB, J,
Prof. Dr. QAZI TAHIR UDDIN
|
| Lawyers |
Issac Ali Qazi,
Shazia Malik,
Rabia Habib,
Taimoor Aslam Khan,
Mudassar Abbas
|
| Petitioners |
Professor Dr. QAZI TAHIR UDDIN
|
| Respondents |
The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD,
Issac Ali Qazi,
Shazia Malik,
Rabia Habib
|
| Citations |
2022 SLD 1246,
2022 PLC 805
|
| Other Citations |
E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536,
Syed Muhammad Hassan Raza Rizvi v. Federation of Pakistan (Writ Petition No.1380/2021),
Allauddin Akhtar v. Government of Punjab 1982 CLC 515,
Homeopathic Dr. Jamil Akhtar Ghauri v. Federation of Pakistan and others 2017 CLC 575,
Babar Sattar v. Federation of Pakistan 2015 CLD 134,
Mrs. Jamshed Naqvi v. Azad Jammu and Kashmir Government 2013 PLC (C.S.) 1037,
Dr. Aftab Ahmad Malik v. University of Engineering and Technology 2005 PLC (C.S.) 80,
Moazzam Husain Khan v. Government of Pakistan and others PLD 1958 (W.P.) Kar. 35,
P. Venugopal v. Union of India 2008 (5) SCC 1,
L.P. Agarwal v. Union of India AIR 1992 SC 1892,
P.L. Dhingra v. Union of India AIR 1958 SC 36,
Vadiyya S. Khalil v. Federation of Pakistan 2020 PLC (C.S.) 460
|
| Laws Involved |
Constitution of Pakistan, 1962,
Pakistan Medical Commission Act, 2020
|
| Sections |
199,
15(2),
15(7)
|