| Citation(s) |
|---|
| 2016 SLG 554 2016 SLD 554 2016 PLD 237 |
Lahore High Court
Writ Petition No. 32150 of 2015, decided on 3rd February, 2016. Date of hearing: 20th November, 2015.
SYED MANSOOR ALI SHAH, J
Shakil-ur-Rehman Khan for Petitioner (in W.P.No. 32150 of 2015). Muhammad Ahmad Qayyum for Petitioner (in W.P. No. 31831 of 2015 and for
Respondent No. 1 (in W.P.No. 32150 of 2015). Anwar Hussain and Jamal Mamdot, Assistant Advocate-Generals, Punjab for
Writ Petition No. 32150 of 2015, decided on 3rd February, 2016. Date of hearing: 20th November, 2015.
SYED MANSOOR ALI SHAH, J
Shakil-ur-Rehman Khan for Petitioner (in W.P.No. 32150 of 2015). Muhammad Ahmad Qayyum for Petitioner (in W.P. No. 31831 of 2015 and for
Respondent No. 1 (in W.P.No. 32150 of 2015). Anwar Hussain and Jamal Mamdot, Assistant Advocate-Generals, Punjab for
PUNJAB HEALTHCARE COMMISSION
VS
MUSHTAQ AHMED CH. and others
Law: Constitution of Pakistan, 1973
Section: 4,199
(a) Punjab Healthcare Commission Act (XVI of 2010)--- ----Ss. 9(1)(i), 13, 4, 5, 40, 41 & 30---Constitution of Pakistan, Arts.4 & 199---Constitutional petition---Functions and powers of the Board of Commissioners---Standing Orders of the Punjab Health Care Commission approved by the Board under S. 9(1)(i) of the Punjab Healthcare Commission Act, 2010---Sealing of healthcare establishments by Punjab Healthcare Commission under a Standing Order approved per S.9(1)(i) of the Punjab Healthcare Commission Act, 2010---Petitioner (Punjab Healthcare Commission) initiated proceedings against respondent, who was a health service establishment and sealed the said establishment, and said sealing was set aside by District Court under S.30 of the Punjab Healthcare Commission Act, 2010---Contention of petitioner (Commission) inter alia, was that S.9(1) of the Punjab Healthcare Commission Act, 2010 provided for sealing of healthcare provider/establishment and the impugned order passed by District Court was therefore without lawful authority---Validity---Architecture of the Punjab Healthcare Commission Act, 2010 revealed that stewardship of the Punjab Healthcare Commission was in the hands of the Board of Commissioners as it exercised all the functions and powers of the said Commission and therefore, the Commission was the legal entity which was run and managed by the Board---Punjab Healthcare Commission Act, 2010 only provided for penalties in the shape of monetary fine and there was no provision for sealing or passing of an order for closing down a healthcare establishment under the Punjab Healthcare Commission Act, 2010---No Rules and Regulations under the Punjab Healthcare Commission Act, 2010 were in the field as yet, hence the current legislative landscape was bereft of any such powers---Section 9(1)(i) of Punjab Healthcare Commission Act, 2010 provided that the Board will approve the Standing Orders of the Commission and as the Board ran and operated the Commission, the Standing Orders were in fact framed and approved by the Board---Source of such Standing Orders was therefore the Board or the Commission, and in the absence of any specific power of delegation…
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