| Case ID |
37815cfa-5509-423f-939c-4b68f7fceb43 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.2362 of 2017 |
| Decision Date |
Sep 14, 2023 |
| Hearing Date |
Sep 14, 2023 |
| Decision |
The petitioner, Dr. Aftab Hassan Minhas, sought to set aside dismissal orders dated 08.04.2015 and 07.07.2017, requesting reinstatement with back benefits. The court found that the appeal against dismissal was filed beyond the stipulated timeframe of 28 days as per Regulation 33 of the National Council for Homeopathy (Staff) Service Regulations, 1987. The court held that the petitioner had previously been provided opportunities for a fair hearing and had not adequately countered the charges against him with sufficient evidence. Therefore, the court dismissed the constitutional petition, affirming the validity of the dismissal orders and upholding the decision of the National Council for Homeopathy. |
| Summary |
In the case of Dr. Aftab Hassan Minhas vs. National Council for Homeopathy, the Lahore High Court addressed significant issues related to employment regulations and due process. The petitioner contested his dismissal based on alleged procedural irregularities and the failure to receive copies of inquiry documents. However, the court ruled that the petitioner failed to file his appeal within the stipulated 28 days as required by Regulation 33 of the National Council for Homeopathy (Staff) Service Regulations, 1987. The court emphasized the importance of adhering to procedural timelines and affirmed that the law favors the vigilant. The decision underscores the necessity for employees to be proactive in seeking redress and highlights the court's commitment to uphold established regulatory frameworks. The ruling serves as a critical reminder of the implications of procedural compliance in employment law cases, particularly in the public sector. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
National Council for Homeopathy
|
| Judges |
Jawad Hassan, J
|
| Lawyers |
Mian Abdul Rauf, Advocate Supreme Court,
Tariq Mehmood,
Barrister Shahid Rasul Ch.,
Saeed Afzal,
Bilal Shahzad
|
| Petitioners |
Dr. Aftab Hassan Minhas
|
| Respondents |
Amir Abdullah Abbasi,
National Council for Homeopathy,
Arshad Mehmood Malik
|
| Citations |
2024 SLD 2692 = 2024 PLC 84
|
| Other Citations |
Civil Aviation Authority through Director General and 3 others v. Mir Zulfiqar Ali and another 2016 SCMR 183,
State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280,
Aftab Iqbal Khan Khichi and another v. Messrs United Distributors Pakistan Ltd. Karachi 1999 SCMR 1326,
Attaullah Khan v. Ali Azam Afridi and others 2023 PLC (C.S) 182,
Inam-ul-Haq v. Allied Bank Limited and 4 others 2018 PLC 215
|
| Laws Involved |
National Council for Homeopathy (Staff) Service Regulations, 1987
|
| Sections |
33
|