| Citation(s) |
|---|
| 2025 SLG 4037 2025 SLD 4037 = 2025 PLC 235 |
Constitutional Petition No.1652 of 2023, decided on 28th March, 2024.
Before Abdullah Baloch and Rozi Khan Barrech, JJ
Najamuddin Mengal, Hafeezullah and Salman Kakar for Petitioner. Abdul Latif Kakar for
Respondent No.3. Nusrat Baloch, A.A.G. along with Abdul Nasir Kasi Law Officer Health Department for the
Respondents/State. Date of hearing: 18th March, 2024.
Dr. CHAKAR RIAZ
VERSUS
GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta and 2 others
Law:
Section:
(a) Pak-Oman Hospital Pasni Act (XV of 2021)---
----Ss. 4, 9 &11---Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni, appointment of---Procedure , non-observance of---Effect---Petitioner, who was the Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni ('Hospital'), sought to declare his transfer and appointment of respondent as new CEO, as illegal and void---Validity---According to the procedure for appointment of the CEO, as encapsulated under S.9 of Pak-Oman Hospital Pasni Act, 2021 ('the Act 2021'), the board shall appoint the CEO from a panel of three individuals recommended by the Special Selection Committee constituted under S. 11 of the Act 2021 after due selection process based on merit, while S. 4 of the Act 2021 clearly provides that appointment to the post of CEO falls within the purview of the board constituted under the Act---Surprisingly, the petitioner himself was transferred/posted as CEO of the hospital on the approval of the Chief Minister as a stopgap arrangement without recommendation/approval of the board while at the time of his transfer/posting the board had already been constituted---Similarly, the respondent was also posted / transferred as CEO of the hospital on the recommendation of the Chief Minister by the Secretary of Health without following the procedure laid down under S. 9 of the Act 2021---Therefore, the transfer/posting of both the petitioner and respondent being issued by Secretary Health on the recommendation of the Chief Minister were illegal, unlawful and had been issued without lawful authority and/or jurisdiction or contrary to the procedure as set out in the Act, 2021---Since both the transfer/posting of petitioner and respondent No.3 had been made in violation of the statutory enactment without jurisdiction, therefore, High Court directed the Board of Governors to make the appointment of a person as the CEO of the hospital under the provisions of the Pak-Oman Hospital Pasni Act, 2021---Constitutional petition was disposed of accordingly.
(b) Pak-Oman Hospital Pasni Act (XV of 2021)---