Law: Constitution of Pakistan, 1973

Section: 199

Punjab Healthcare Commission Act, 2010 (XVI of 2010)-- ----Ss. 4, 30 ,  31--Constitution of Pakistan, 1973, Art. 199--Inspection of medical store--Medical store was sealed--Issuance of notice--Imposing of fine--Appeal--During pendency of appeal fine was disposited without protest--Appeal allowed and fine was reduced--Gravity of offence--Challenge to--Respondent after imposition of fine by Punjab Healthcare Commission without any protest deposited same and as such he had no right to challenge said order--District Judge could not reduce fine by stating that gravity of offence and strength of business being operated by Respondent No. 2 so warranted--District Judge did not enter into any meaningful discussion in impugned order for reducing fine--Petition allowed. ORDER This writ petition calls into question order dated 30.04.2019 passed by the District Judge, Faisalabad rendered in an appeal filed under section 30 and 31 of the Punjab Healthcare Commission Act, 2010 by Respondent No. 2. 2. The facts of the case in brief are’ that Respondent No. 2 was running a medical store which was inspected by the Deputy District Health Officer under the authorization of the petitioner/Punjab/ Healthcare Commission. Respondent No. 2 was found to be practicing allopathic medicine without any license from Pakistan Medical , Dental Counsel (PMDC) or a registration certificate issued by the Punjab Healthcare Commission. The medical store being operated by Respondent No. 2 was accordingly sealed and notice was issued to him. After granting hearing to Respondent No. 2. Punjab Healthcare Commission inter alia, imposed a fine of Rs. 400,000/- on him through order dated 02.07.2018. Respondent No. 2 filed an appeal against the said order before the District Judge under sections 30 and 31 of the Act. During the pendency of the appeal, however, Respondent No. 2 without any protest deposited an amount of Rs. 400,000/-imposed as fine with the petitioner/Punjab Healthcare Commission. Although this fact was brought to the notice of District Judge, Faisalabad, the fine imposed by the petitioner/Punjab Healthcare Commission was reduced to Rs. 75,000/- while dismissing the appeal. 3. Learned…

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