HOMOEOPATHIC DOCTOR PERVEIZ AKHTER QURESHI vs GOVERNMENT OF PAKISTAN through Secretary Ministry of Health Removal from service — 2022 PLC(CS) 866 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 866 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: HOMOEOPATHIC DOCTOR PERVEIZ AKHTER QURESHI vs GOVERNMENT OF PAKISTAN through Secretary Ministry of Health Removal from service
Subject matter: Service

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

HOMOEOPATHIC DOCTOR PERVEIZ AKHTER QURESHI VS GOVERNMENT OF PAKISTAN through Secretary Ministry of Health Removal from service---Petitioner assailed his disqualification on the allegations of corruption and misuse of public funds and removal from presidency of the National Council for Homeopathy---Validity---Impugned notification was premised on conclusions of fact, including that the building was purchased at higher than its market price---In the absence of proper inquiry, it could not be said that the finding was based on any objectively verifiable evidence---No answer was available to one of the key defences taken by petitioner in his various responses, namely, under the scheme of the relevant law, the decision making by the Council was a collegiate exercise that could not be hijacked by petitioner alone---High Court observed that impugned notification was not backed with due process violating the petitioner's Fundamental Right to fair trial and that the countervailing factors on a balance of probability established that it was not issued bona fidely---Constitutional petition was allowed and the impugned notification was set aside.

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