Case Details

Citation(s)
2016 SLG 1443 2016 SLD 1443 2016 LHC 170
Lahore High Court
Case No: W.P. 32150/2015 W.P. No. 32150/2015 W.P. No. 32150/2015 W.P. No. 31831/2015, 20.11.2015
SYED MANSOOR ALI SHAH, J

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Punjab Healthcare Commission

VS

Mushtaq Ahmed Ch., Etc.

Law:

Section:

Syed Mansoor Ali Shah, J:- Brief facts of the case are that petitioner Commission initiated proceedings against respondent No.1 (a health service provider/health service establishment) and also sealed the establishment of the said respondent. The said action was challenged before District & Sessions Judge, Toba Tek Singh under Section 30 of the Punjab Healthcare Commission Act, 2010 ("Act") who vide impugned order dated 16.10.2015 set aside the sealing of the premises on the ground that there was no provision under the Act to seal the premises of respondent No.1 and directed the Commission to decide the matter regarding notice dated 03.09.2015 issued to the said respondent. 2. Learned counsel for the petitioner Commission, inter alia, submits that Standing Orders issued by the Commission under section 9(1)(i) of the Act provide for sealing of the healthcare establishment, therefore, the impugned order passed by the learned District and Sessions Judge Toba Tek Singh, is without lawful authority. He further submits that respondent no.1 has failed to approach the Anti-Quackery Cell constituted under the Standing Orders as a consequence he could not have approached the learned District & Sessions Judge directly under section 30 of the Act. 3. Learned counsel for respondent No.1 argued that the Act does not authorize sealing of the premises of respondent No.1 and therefore the same cannot be sealed under the Standing Orders of the Commission. He adds that Standing Orders [under section 9(1)(i)] and Instructions or Directives [under section 4(2)(o) ] have no binding force on an individual or a third party and are non-binding instrument for the internal governance of the Commission. He submitted that Standing Orders or the Instructions and Directives cannot assume the same statutory status as that of subordinate legislation in the shape of Rules and Regulations under the Act. 4. Arguments of the opposing parties have been heard and the relevant law has been examined. In order to appreciate the contention raised in this petition, it is necessary to visit the legal architecture of the Act, the extent of the powers and functions of the Punjab Healthcare…
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