Dr. KARIM SHAH vs CHAIRMAN, SEARCH AND NOMINATION COUNCIL/HEALTH MINISTER, GOVERNMENT KHYBER PAKHTUNKHWA, PESHAWAR Ss — 2021 PLC(CS) 235 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 235 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: Dr. KARIM SHAH vs CHAIRMAN, SEARCH AND NOMINATION COUNCIL/HEALTH MINISTER, GOVERNMENT KHYBER PAKHTUNKHWA, PESHAWAR Ss
Subject matter: Service
Provisions referred to: Pakhtunkhwa Medical Teaching Institutions Reforms Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. KARIM SHAH VS CHAIRMAN, SEARCH AND NOMINATION COUNCIL/HEALTH MINISTER, GOVERNMENT KHYBER PAKHTUNKHWA, PESHAWAR Ss.10, 23 & 24---Hospital Director of Medical Teaching Institution---Removal from service---Contention of petitioner was that he had been removed from service without regular inquiry---Validity---Show-cause notice issued to the petitioner contained serious allegations of misconduct---Petitioner ought not to have been removed from the service in a slipshod and perfunctory manner---Statement of allegations on the basis of which petitioner had been removed could not be established without regular inquiry---Efficiency and Disciplinary Rules of the Provincial Government had not been adopted by the Board of Directors of Medical Teaching Institutions---Rules and Regulations had been framed under Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015, for giving effect and carrying out the purpose of said Act---Employee could not be left at the mercy of the authorities---When serious allegations of misconduct had been levelled against the employee then it would stigmatize his entire service career and in such eventuality employee must have fair chance of defence in regular inquiry---Authorities should have conducted a regular inquiry before passing the impugned order of major penalty of removal from service---Authorities had violated the principle of transparency and fair play and such illegality could not sustain in the eye of law---Impugned order for removal from service was declared as illegal, unlawful and void ab initio having no legal effect---Authorities could initiate fresh disciplinary proceedings against the employee if so advised---Constitutional petition was allowed, in circumstances.

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