Law: Constitution of Pakistan, 1973

Section: 4,10A,199

Constitution of Pakistan-------Arts. 4, 10A & 199---Policy and Procedure Manual (PPM) of Post-Graduate Residency (PGR) of Level-III Programs, Clauses 13.3 & 13.4---Civil service--Termination by incompetent authority---Legality---Fair trial---Due process of law--Petitioners contended that Clause 13.3 of the Policy and Procedure Manual (PPM) of Post-Graduate Residency (PGR) of Level-III Programs (Policy) provides the right of appeal before respondent/Secretary against the decision of the departmental committee, but the petitioners had been directly terminated by the respondent himself on the allegations of indiscipline, misconduct, involvement in agitation and creating law and order situation without any inquiry by the departmental committee--Validity---Petitioners were directly terminated by the respondent, who also happened to be the appellate authority under Clause 13.3, without initiating or concluding any inquiry through the departmental committee---Such approach not only undermined the petitioner's right of appeal as provided under the Policy, but also constituted a blatant violation of the fundamental rights guaranteed under Arts. 4 and 10-A of the Constitution---Pakistan Medical and Dental Council (PMDC) being Regulator was the competent authority with the powers to proceed against the petitioners in accordance with law---Constitutional petition was disposed of with a direction to file reply/defence/explanation of the impugned letters before PMDC, which would decide the matter strictly in accordance with law through a speaking order.Mian Ali Asghar v. Government of the Punjab and others 2020 CLC 157 and Mian Ali Asghar v. Government of the Punjab and others 2021 MLD 370 ref.ABWA Knowledge Pvt. Ltd. v. Federation of Pakistan and others PLD 2021 Lah. 436; ABWA Knowledge Pvt. Ltd. through Director and another v. Federation of Pakistan, through Secretary, National Health Services and another 2021 MLD 1455 and 2022 SCMR 72 rel.Jahangir Jadoon, Advocate Supreme Court for the Respondent No.2/PMDC.ORDERJAWAD HASSAN, J.---Through this single order, I intend to decide this writ Petition as well as connected Writ Petition No.1422 of 2025, as the same…