Case Details

Citation(s)
1997 SLG 718 1997 SLD 718 1997 PLC 294
Sindh High Court
Constitutional Petition No. D-2150 of 1995, decision dated: 1st April, 1996.
ABDUL LATIF U. QURESHI, J

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Dr. Qazi KHURSHID AHMED

VS

NATIONAL COUNCIL FOR HOMOEOPATHY and others

Law:

Section:

Unani, Ayurvedic and Homoeopathic Practitioners AM (B of 1965)S.16National Council for Homoeopathic (Staff) Service Regulations, 1987, Rr. 28 & 47SuspensionValidityPetitioner who was serving as Registrar in National Council of Homoeopathic was suspended with immediate effect on allegation of misappropriation and embezzlement of public fiendsPetitioner had challenged suspension order contending that before suspending him, Council should have got suspension order confirmed from Federal Government as required under S.16(2) of Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965 and same having not been confirmed, order of suspension could not sustainHeld, intention of Legislature was not that even a suspension order which would follow necessarily further action of punishment and removal if found necessary after inquiry, required confirmation beforehand from Federal Government­Removing an employee from office was different from getting charge from a suspended employee till finalization of inquiry against himOrder suspending petitioner, thus, was not illegal, especially when very serious allegations were against him. Ch. Muhammad Ashraf Khan for Petitioner. Zafar Iqbal Butt for Respondent No. 1. Date of hearing: 1st April, 1996. ORDER By this Constitution petition the petitioner who is a Homoeopathic doctor and is serving as Registrar of the National Council for Homoeopathy, has challenged the two letters written by the President of the National Council for Homoeopathy on 30101995, one addressed to the petitioner and the other addressed to Mr. Noorur Rehman, also the employee of the National Council for Homoeopathy. The first letter shows that a fact finding Committee had been appointed who made an interim report which was approved by the National Council for Homoeopathy under which the petitioner Homoeopathic Doctor Qazi Khurshid Ahmed who was working as Registrar/Secretary of the Council, was suspended with immediate effect from 31101995. He was also ordered to draw substance grant during the period of his suspension permissible under the rules. On the same day letter was issued by the President of the Council addressed to Mr. Noorur Rehman of the…
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