Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss

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Dr. CHAKAR RIAZ VS GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss. 4, 9 &11---Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni, appointment of---Procedure , non-observance of---Effect---Petitioner, who was the Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni ('Hospital'), sought to declare his transfer and appointment of respondent as new CEO, as illegal and void---Validity---According to the procedure for appointment of the CEO, as encapsulated under S.9 of Pak-Oman Hospital Pasni Act, 2021 ('the Act 2021'), the board shall appoint the CEO from a panel of three individuals recommended by the Special Selection Committee constituted under S. 11 of the Act 2021 after due selection process based on merit, while S. 4 of the Act 2021 clearly provides that appointment to the post of CEO falls within the purview of the board constituted under the Act---Surprisingly, the petitioner himself was transferred/posted as CEO of the hospital on the approval of the Chief Minister as a stopgap arrangement without recommendation/approval of the board while at the time of his transfer/posting the board had already been constituted---Similarly, the respondent was also posted / transferred as CEO of the hospital on the recommendation of the Chief Minister by the Secretary of Health without following the procedure laid down under S. 9 of the Act 2021---Therefore, the transfer/posting of both the petitioner and respondent being issued by Secretary Health on the recommendation of the Chief Minister were illegal, unlawful and had been issued without lawful authority and/or jurisdiction or contrary to the procedure as set out in the Act, 2021---Since both the transfer/posting of petitioner and respondent No.3 had been made in violation of the statutory enactment without jurisdiction, therefore, High Court directed the Board of Governors to make the appointment of a person as the CEO of the hospital under the provisions of the Pak-Oman Hospital Pasni Act, 2021---Constitutional petition was disposed of accordingly.

Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss — 2025 PLC(CS) 235 QUETTA-HIGH-COURT-BALOCHISTAN

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