Case Details

Citation(s)
2014 SLG 1265 2014 SLD 1265 2014 PLC 367
Islamabad High Court
Writ Petitions Nos.969 and 2041 of 2011, decision dated: 13-01-2012. dates of hearing: 23rd and 24-12-2011
IQBAL HAMEED-UR-RAHMAN, C.J

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Dr. M. SOHAIL KARIM HASHMI

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

Pakistan Medical and Dental Council Ordinance (XXXII of 1962)---Ss. 9(1)(c) & 33(1)---Pakistan Medical and Dental Council Regulations, 2007, Regln.55---Pakistan Medical and Dental Council Employees Service and Administrative Rules, 2009---Constitution of Pakistan, Art.199---Constitutional petition---Registration of criminal case of embezzlement against petitioner---Initiation of disciplinary proceedings against petitioner and suspension of his service by order of the President of the Council due to his involvement in such criminal case---Dismissal of petitioner's departmental appeal by Prime Minister filed against such inquiry order---Validity---Medical and Dental Council Regulations, 2007 had been made by the Council in exercise of its powers under S.33 of Pakistan Medical and Dental Council Ordinance, 1962 with previous sanction of Federal Government---Council in exercise of powers conferred by Regln.55 of Regulations had framed for its internal use Pakistan Medical and Dental Council Employees Service and Administrative Rules, 2009 with previous sanction of Federal Government---Council had not notified the Rules, in official gazette, thus, same were non-statutory---Service of petitioner was governed by non-statutory Rules, he could not invoke constitutional jurisdiction of High Court for redress of his grievance---Constitutional petition was dismissed. 2010 SCMR 1495; 2010 PLC (C.S.) 876; 2007 SCMR 229; PLD 2007 SC 323; 1990 SCMR 999; PLD 2010 Lah. 546; 2010 SCMR 624; PLD 2010 SC 61; 2003 PLC (C.S.) 1029; PLD 2011 SC 963; 2011 SCMR 1886; 2011 SCMR 1990; PLD 2010 Lah. 404; 2011 SCMR 132; 1993 SCMR 346; PLD 2005 SC 806; PLD 1992 SC 132; 2007 PLC (C.S.) 751; 2011 SCMR 1912 and 1991 SCMR 78 ref. Dr. M. Sohail Karim Hashmi v. Federation of Pakistan through Secretary, Ministry of Health, Government of Pakistan, Islamabad and another 2009 SCMR 1472; Chairman, State Life Insurance Corporation and others v. Hamayun Irfan and 2 others 2010 SCMR 1495; PLD 2010 SC 676 and Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132 rel. JUDGMENT IQBAL HAMEED-UR-RAHMAN, C.J.--- By this single Judgment, I intend to decide both the…
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