| Citation(s) |
|---|
| 2017 SLG 1506 2017 SLD 1506 2017 PLC 583 |
Lahore High Court
Writ Petitions Nos. 685-P of 2012, 8682-P, 2681-P and 2680-P of 2011, decision Dated: 19th January, 2017. Heard on: 19th January, 2017.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Mushtaq Ahmad Mohal Ashfaq Ahmad Kharal, AAG with Ghulam Mustafa S.D. (AMI-I) Specialized Health Care and Medical Education Department.
Writ Petitions Nos. 685-P of 2012, 8682-P, 2681-P and 2680-P of 2011, decision Dated: 19th January, 2017. Heard on: 19th January, 2017.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Mushtaq Ahmad Mohal Ashfaq Ahmad Kharal, AAG with Ghulam Mustafa S.D. (AMI-I) Specialized Health Care and Medical Education Department.
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Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section: 6
Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S. 6---Suspension of employee---Scope---Employee against whom action was proposed to be initiated could be placed under suspension if in the opinion of competent authority it was necessary or expedient---Impugned order for suspension of employee, in the present case, was passed after constituting a committee and thorough investigation was made---Constitutional petition was not maintainable against suspension order due to bar contained under Art.212 of the Constitution---Order of suspension being not a penalty would not violate any legal right vested in the suspension order---Employee had other remedies under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Constitutional petition being premature was dismissed in limine. Muhammad Amin Mughal v. Secretary Local Government and Rural Development Department/Chairman Punjab Local Government Board, Government of the Punjab, Civil Secreariat, Lahore and 4 others 2002 PLC (C.S.) 816; Pakistan and others v. Public at Large and others PLD 1987 SC 304; Tahir Ashraf Durrani v. The Chairman, Central Board of Revenue, Islamabad and 3 others 2004 PLC (C.S.) 1550; The Divisional Superintendent, Pakistan Railways, Lahore v. Muhammad Halim through Legal Representatives and others PLD 2000 SC 55 rel. THIS ORDER PASSED BY: JAWAD HASSAN, J.--- Through this Constitutional Petition, the Petitioner has sought setting aside of order dated 8.1.2017 passed by Respondent No.2, whereby the service of the Petitioner was suspended. 2. Facts briefly for the disposal of this constitutional petition are that the Petitioner is a doctor at Jinnah Hospital, who has been suspended vide impugned order dated 8.1.2017 on the ground that a patient namely Mst. Zohra Bibi was brought to Jinnah Hospital, Lahore and she stayed there for 8 hours but no Professor, Associate Professor, Assistant Professor or not even Senior Registrar visited her and provide her medical assistance, hence she died. 3. Counsel for the Petitioner stated that the Petitioner has been suspended without any show-cause notice and impugned order is against the law because the…
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