Dr. ABDUR RASHID vs DRUG REGULATORY AUTHORITY OF PAKISTAN (DRAP) Ss — 2025 PLC(CS) 268 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Dr. ABDUR RASHID VS DRUG REGULATORY AUTHORITY OF PAKISTAN (DRAP) Ss.4(2), 7(m), 14(1), 15(5)(a) & 23---Qanun-e-Shahadat (10 of 1984), Art. 114---Promotion---Previous law, applicability of---Principle of estoppel---Applicability---Petitioners were employees of Drug Regulatory Authority of Pakistan and sought directions for their promotions---Validity---Since petitioners had exercised options under S.15(5)(a) of Drug Regulatory Authority of Pakistan Act, 2012 without any demur, protest or reservation, it would be deemed that they considered Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015 as containing all information necessary for them to have made meaningful and informed decision to opt to continue serving as civil servants---Petitioners were estopped from going back on their footsteps to challenge option that they voluntarily exercised four and a half years before filing of Constitutional petition---Options exercised by petitioners under S. 15(5)(a) of Drug Regulatory Authority of Pakistan Act, 2012 in response to DRAP's office orders dated 19-05-2015 were irrevocable and petitioners were estopped from seeking reversal of such option---Office order dated 11-02-2020 issued by DRAP whereby a Departmental Promotion Board was constituted to consider Additional Directors serving in DRAP for promotion to the posts of Director did not suffer from any legal infirmity---High Court directed Federal Government, on the recommendations of Policy Board, to prescribe functions, relevant experience, qualifications, terms and mode and manner of appointment of Directors in terms of S. 4(2) of Drug Regulatory Authority of Pakistan Act, 2012 within a period of two months---High Court directed Drug Regulatory Authority of Pakistan, with the approval of Federal Government, to prescribe rules for seniority, promotion, code of conduct, and terms and conditions of service of its employees in terms of S. 7(m) read with S. 23 of Drug Regulatory Authority of Pakistan Act, 2012---High Court further directed Drug Regulatory Authority of Pakistan, with the approval of Federal Government, to make rules under S. 14(1) read with S. 23 of Drug Regulatory Authority of Pakistan Act, 2012 in accordance with which criteria for recruitment and selection of employees and officers would be determined by Policy Board---Constitutional petition was disposed of accordingly. Citation Name: 2025 PLC(CS) 268 ISLAMABADBookmark this Case Dr. ABDUR RASHID VS DRUG REGULATORY AUTHORITY OF PAKISTAN (DRAP) Ss.23 & 24---Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015---Rules of Business, 1973, R. 14 (1)(c)---Making of rules and regulations---Approval of Policy Board---Absence of decision of Cabinet---Drug Regulatory Authority of Pakistan, contended that Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015 were approved by Policy Board and had also been vetted by (i) Establishment Division, (ii) Regulations Wing of Finance Division, and (iii) Law and Justice Division---Validity---Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015, could not be elevated to the status of rules, which in terms of S. 23 of Drug Regulatory Authority of Pakistan Act, 2012 had to be made by DRAP with the approval of Federal Government---Mere vetting of regulations by different Divisions could not be equated with a decision taken by Federal Government, i.e. the Federal Cabinet---As Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015 were made in exercise of statutory power, consultation with Law and Justice Division was mandatory in terms of R. 14(1)(c) of Rules of Business, 1973---Amendments in Drug Regulatory Authority of Pakistan Employees Service Regulations, 2015 made vide notifications dated 10-09-2015 and 23-06-2017 were with the approval of Policy Board and not Federal Government. Citation Name: 2025 PLC(CS) 268 ISLAMABADBookmark this Case Dr. ABDUR RASHID VS DRUG REGULATORY AUTHORITY OF PAKISTAN (DRAP) S. 23---Making of rules---Expression "for carrying out the purposes of this Act"---Scope---Expression "for carrying out the purposes of this Act" implies that where provisions of Drug Regulatory Authority of Pakistan Act, 2012 require for a certain matter to be prescribed by rules made by Drug Regulatory Authority of Pakistan (DRAP) and approved by the Federal Government, it must be a fortiori be so prescribed through rules and not regulations or any other form of subordinate legislation which are not required by the provisions of Drug Regulatory Authority of Pakistan Act, 2012 to be approved by Federal Government.

Dr. ABDUR RASHID vs DRUG REGULATORY AUTHORITY OF PAKISTAN (DRAP) Ss — 2025 PLC(CS) 268 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PLC