HOMOEOPATHIC DOCTOR PERVEIZ AKHTER QURESHI vs GOVERNMENT OF PAKISTAN through Secretary Ministry of Health art — 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 art
Subject matter: Constitutional

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 art.199---Constitutional petition---No abetment by party's death, if right to reputation survives---Scope---Petitioner after filing the constitutional petition in 2011 had died in 2019, his legal heirs were impleaded---Counsel for the petitioner submitted that the right to dignity and fair trial had survived to the benefit of the legal heirs---Validity---Right to dignity or reputation was not to be inferred as a matter in each case of dismissal from a post or service as an ancillary right---For reparation of an injury to reputation, the relief must be specifically pleaded---Counsel for petitioner had accepted that the prayer in Constitutional petition was confined to the setting aside of the impugned notification---Memo of the Constitutional petition had not made any prayer for a declaration of the innocence of petitioner---Request for moulding the relief could not be acceded as it would cause the Court to stray into the suo motu territory---accede to his request would also cause the court to act as a Court of appeal against the findings in the impugned notification, which High Court in its constitutional jurisdiction does not do---Writ of certiorari was, however, issued on preponderance of record.

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