Dr. FAKHAR MUNIR SIAL vs GOVERNMENT OF THE PUNJAB arts — 2025 PLC(CS) 1073 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC(CS) 1073 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: Dr. FAKHAR MUNIR SIAL vs GOVERNMENT OF THE PUNJAB arts
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

Dr. FAKHAR MUNIR SIAL VS GOVERNMENT OF THE PUNJAB arts. 4, 10a & 199---Policy and Procedure Manual (PPM) of Post-Graduate Residency (PGR) of Level-III Programs, Clauses 13.3 & 13.4---Civil service---Termination by incompetent authority---Legality---Fair trial---Due process of law---Petitioners contended that Clause 13.3 of the Policy and Procedure Manual (PPM) of Post-Graduate Residency (PGR) of Level-III Programs (Policy) provides the right of appeal before respondent/Secretary against the decision of the departmental committee, but the petitioners had been directly terminated by the respondent himself on the allegations of indiscipline, misconduct, involvement in agitation and creating law and order situation without any inquiry by the departmental committee---Validity---Petitioners were directly terminated by the respondent, who also happened to be the appellate authority under Clause 13.3, without initiating or concluding any inquiry through the departmental committee---Such approach not only undermined the petitioner's right of appeal as provided under the Policy, but also constituted a blatant violation of the fundamental rights guaranteed under arts. 4 and 10-a of the Constitution---Pakistan Medical and Dental Council (PMDC) being Regulator was the competent authority with the powers to proceed against the petitioners in accordance with law---Constitutional petition was disposed of with a direction to file reply/defence/explanation of the impugned letters before PMDC, which would decide the matter strictly in accordance with law through a speaking order.

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