ABBOTABAD: The Peshawar High Court, while providing interim relief to medical superintendent and secretary management council of Ayub Medical Institution (AMI) Abbottabad, has suspended the notifications issued by the institution’s chief executive.
The PHC bench, comprising Justice Syed Sajjad Hussain Shah and Justice Sardar Shoukar Hayat, also served notices to five respondents, including Khyber-Pakhtunkhwa chief minister and the province’s health minister, for the next hearing fixed for September 15.
A writ petition No. 3328/2010 filed by Dr Iftikhar Ahmed, Medical Superintendent Ayub Teaching Hospital Abbottabad, through Rashid-ul-Haq Qazi Advocate pleaded that Ayub Medical College and Complex are governed under the NWFP Regulation of Healthcare Ordinance 2001 and NWFP Medical Institution Rules 2001.
The K-P government and the employees of the institution, including the chief executive, are assigned no role or function to perform. The power vested in the Management Council (MC) can alone be exercised to manage and run the everyday business subject to rules and regulations framed.
All the transfers, postings, developmental work and other allied matters are dealt with by the MC, the petitioner said.
The counsel for the petitioner contended that being an autonomous body, the institution was empowered to function independently. He argued that the respondents are not legally authorised to perform any act and termed the appointment of chief executive by the K-P health minister a violation of rules and regulations.
He contended that the chief executive with the support of provincial health minister has appointed 500 employees, including doctors, engineers, nurses and other staff on daily wages without the recommendations of the petitioner, although such appointments were not needed in the institution having meagre financial resources.
He also referred to the appointments, promotions, transfers and developmental work and in this respect the chief executive issued impugned notifications. He contended that such exercise of powers amounts to sheer violation of law.
The counsel for the petitioner prayed for interim relief in the form of suspension of the notifications made by the chief executive AMI as well as health minister’s letter PS/Min/Health/NWFP/1-25-29 dated 25.08.2010.
The bench served notices to all five respondents including chief executive AMI, K-P health minister, secretary health, secretary finance and K-P chief minister for the next hearing on September 15.
Published in The Express Tribune, September 6th, 2010.
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