ASGHARI BEGUM (PVT.) LTD. vs PROVINCE OF THE PUNJAB S — 2023 YLR 1672 LAHORE-HIGH-COURT-LAHORE

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ASGHARI BEGUM (PVT.) LTD. VS PROVINCE OF THE PUNJAB S.23---Punjab Healthcare Commission Complaint Management Regulations, 2014, Regln. 8---Constitution of Pakistan, Arts. 199 & 10-A--- Constitutional petition---Right to fair trial---Procedure of investigation--- Entrustment of complaints---List of witnesses, suppling of---Scope---Petitioner assailed action of the competent authority whereby it was not confronted with the list of witnesses sought to be produced by the complainant---Validity of said contention rests on the rule of fairness and due process of law, which requires an investigation and determination of rights to be conducted fairly and based on the primary principles governing the rule of law---Firstly, the competent authority investigating a complaint against a healthcare service provider must formulate the primary issues arising from the complaint that need to be confronted and responded to by the healthcare service provider---Secondly, the parties must be obliged by the competent authority hearing the complaint to file a list of witnesses along with affidavits prior to the commencement of the proceedings in the complaint---This would be in consonance with the principles of fairness and would prevent any party from being taken by surprise---Undoubtedly, any proceedings in the complaint and investigation against a healthcare service provider must adhere to the basic rule of administrative law relating to rationality and reasonableness---It would be in the interest of fair proceedings and would work reasonably in favour of both the complainant and the healthcare service provider against whom the complaint has been made if the issues are clearly identified, and the parties are notified of the witnesses and other evidence sought to be produced against each other---Constitutional petition was partly allowed, impugned order was set aside, and the application submitted by the petitioner was deemed to be pending and was to be decided in light of the observations made in the present case.

ASGHARI BEGUM (PVT.) LTD. vs PROVINCE OF THE PUNJAB S — 2023 YLR 1672 LAHORE-HIGH-COURT-LAHORE

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