Prof. Dr. QAZI TAHIR UDDIN vs The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD S

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Prof. Dr. QAZI TAHIR UDDIN VS The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD S.15(2) & (7)---Constitution of Pakistan, Art.199---Constitutional petition---Termination of contract of service---Tenure post---Condition in appointment letter---Condemned unheard---Petitioner was appointed Member (Examinations) of National Medical Authority on contract basis---Appointment of petitioner was terminated on the basis of 'termination clause' in contract of appointment---Validity---Without having given an opportunity to petitioner to rebut or give an explanation with respect to allegations against him in performance assessment, such allegations could not be treated as substantiated and could not form basis for a decision to terminate his appointment---It could only be in an inquiry under S.15(7) of Pakistan Medical Commission Act, 2020, that it would be determined whether allegations made against petitioner in performance assessment, if substantiated, would amount to misconduct or result in a finding that he was unable to perform his functions so as to furnish a just cause to remove him from office of Member (Examinations), National Medical Authority---Any other mode or manner of removal of a Member of National Medical Authority from his office was not contemplated by provisions of Pakistan Medical Commission Act, 2020--- Requirement to hold inquiry under S.15(7) of Pakistan Medical Commission Act, 2020, could not have been lightly dispensed with on the ipse dixit of those in Pakistan Medical Commission who decided to terminate petitioner's appointment on the basis of his performance assessment---High Court directed the petitioner to resume his duties and set aside letter terminating his appointment, as he was appointed for a fixed term of four years under S.15(2) of Pakistan Medical Commission Act, 2020---Constitutional petition was allowed, in circumstances.

Prof. Dr. QAZI TAHIR UDDIN vs The SECRETARY, PAKISTAN MEDICAL COMMISSION, ISLAMABAD S — 2022 PLC(CS) 805 ISLAMABAD

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