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: Constitutional
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 Institutions---Disciplinary proceedings without approval of Board of Directors---Contention of petitioner was that disciplinary proceedings without approval of Board of Directors could not be initiated---Validity---Post of petitioner had been created by the statute itself and rules and regulations had also been framed thereunder---Matter was with regard to terms and conditions of service of petitioner, therefore, principle of "master and servant" was not applicable---Constitutional petition was maintainable, in circumstances---Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015, did not empower Board of Directors to delegate its powers to any other authority---Chairman Board of Directors in his individual capacity had no authority to initiate disciplinary proceedings through impugned letters---Impugned letters were declared illegal and void ab initio and were set aside---Constitutional petition was allowed, in circumstances.

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