Case Details

Citation(s)
2023 SLG 1599 2023 CLC 1245 2023 SLD 1599
Islamabad High Court
Writ Petition No.2691 of 2019, decided on 13th March,2023.Dates of hearing: 2nd and 14th February, 2023.
Before Miangul Hassan Aurangzeb, J
Ms. Moona Hussain along with petitioner in-personArshid Mehmood Kiani, Deputy Attorney-General.Rana Umer Farooq, Deputy Director and G. Shafi, Legal Officer, Ministry of NHSR&C.Shahzaib Ali, DDA, NIHBarrister Adnan Saboor Rohaila and Asif Nazir, A

Dr. NOOR-US-SABA----PetitionerVersusFEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services and others----Respondents

Law: Drugs Regulatory Agency of Pakistan Ordinance, 2012

Section: 2(n),3

Law: Rules of Business (Federal), 1973

Section: 15(2)

Drug Regulatory Agency of Pakistan Ordinance (I of 2012)--- ----Ss.2(n) 3---Rules of Business, 1973, R.15(2)---Summary for Prime Minister---Term stake holder---Scope---Petitioner assailed notification issued by Federal Government repatriating her to her parent department which was based on summary forwarded to Prime Minister---Validity---Summary must give sufficient background / history and should explain proposal comprehensively to enable the Cabinet to make an informed decision--- Wherever required, views of stakeholders and response of sponsoring Division was to be presented---Term stakeholders could not be confined to other Government departments but was to include persons whose rights or interests were to be adversely affected by the decision solicited by the Ministry submitting summary---Summary in question sought Prime Ministers earlier decision regarding regularization of petitioner and her subsequent placement in DRAP as Director (BS-20) to be reviewed---Petitioner was a stakeholder whose views should have been mentioned and presented in summary in question---Historical background, especially pertaining to joint efforts made by two departments to defend petitioners regularization and placement as Director (BS-20) in DRAP in proceedings before High Court in an earlier Constitutional petition was a relevant fact which should have been mentioned in the summary to Prime Minister---Administrative control over Project in question was shifted to Cabinet Division on 30-06-2011 and Drug Regulatory Agency of Pakistan Ordinance, 2012, was promulgated on 16-02-2012---Drug Regulatory Agency of Pakistan was established under section 3 of Drug Regulatory Agency of Pakistan Ordinance, 2012---Therapeutic goods under S.2(n) of Drug Regulatory Agency of Pakistan Ordinance, 2012, included drugs and medicine or medical devices or biologicals or other related things as could be notified by the Agency---Office Memorandum dated 08-05-2012 issued by the Cabinet Division showed that administrative control over Drug Regulatory Agency of Pakistan was transferred from Cabinet Division to National Regulation and Services Division vide the Cabinet Divisions memorandum dated…
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