| Citation(s) |
|---|
| 2021 SLG 2839 2021 SLD 2839 2021 PLC 1071 |
Islamabad High Court
Writ Petition No.3003 of 2020, decided on 13th October, 2020.
Before Miangul Hassan Aurangzeb, J
Barrister Haroon Dugal for Petitioner.
Writ Petition No.3003 of 2020, decided on 13th October, 2020.
Before Miangul Hassan Aurangzeb, J
Barrister Haroon Dugal for Petitioner.
Dr. Sheikh AKHTAR HUSSAIN
VS
FEDERATION OF PAKISTAN, through Secretary, Ministry of National Health Services, Regulation and Coordination and others
Law:
Section:
Drug Regulatory Authority of Pakistan Employees' Service Regulations, 2015--- ----Regln.10---Constitutional petition---Scope---Petitioner assailed the recommendations made by the Policy Board of the Drug Regulatory Authority of Pakistan (DRAP) to terminate the petitioner's services as the Chief Executive Officer (CEO) of DRAP primarily on the ground that the Ph.D. degree submitted by him along with other credentials was not recognized by the Higher Education Commission---Validity---Expressions "decision" and "recommendation" had different connotations---Decision was a binding adjudication of rights and claims between two or more persons whereas recommendation denoted something in the nature of a suggestion---Regulation 10(1) of the Drug Regulatory Authority of Pakistan Employees' Service Regulations, 2015 gave power to the Federal Government to remove the CEO of DRAP on the recommendations of the Policy Board---Till date, the Federal Government had not taken a decision to remove or not to remove the petitioner from the position of CEO of DRAP, therefore, constitutional petition was liable to be dismissed being premature. Dr. Qaimuddin v. Government of N.-W.F.P. 1995 SCMR 876; Dr. Habib ur Rehman v. The West Pakistan Public Service Commission, Lahore PLD 1973 SC 144; Secretary, Establishment Division v. Aftab Ahmed Manika 2015 SCMR 1006 and Secretary, Establishment Division, Government of Pakistan v. Dr. Muhammad Arif 2018 PLC (C.S.) 907 rel. Waheed Shahzad Butt v. Federation of Pakistan PLD 2016 Lah. 872 fol. ORDER MIANGUL HASSAN AURANGZEB, J.----Through the instant writ petition, the petitioner, Dr. Sheikh Akhtar Hussain, impugns the recommendations made by the Policy Board of the Drug Regulatory Authority of Pakistan ("D.R.A.P."), in its 33rd meeting held on 17.08.2020, to terminate the petitioner's services as the Chief Executive Officer ("C.E.O.") of D.R.A.P. primarily on the ground that the Ph.D. degree submitted by him along with his credentials had not been recognized by the Higher Education Commission ("H.E.C."). 2. At the very outset, learned counsel for the petitioner was asked as to how this petition was maintainable since till date the Federal…
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