IHC holds health ministry official in contempt over non-compliance of PMDC order

IHC bench says NHSRC will have to finally restore PMDC’s terminated employees

ISLAMABAD: The secretary of the federal health ministry was sent contempt notices by a high court on Wednesday over a petition regarding the restoration of the Pakistan Medical and Dental Council (PMDC). Respondents have been directed to appear in person at the next hearing of the case.

This was directed by a single-member bench of the Islamabad High Court (IHC), comprising Justice Mohsin Akhtar Kayani, on Wednesday as he heard the contempt of court case filed by council's terminated employees against the health ministry’s secretary for re-sealing the offices of the council despite court orders restoring the constitutional body.

During Wednesday’s hearing, additional secretary of the health ministry appeared before the bench. Justice Kayani remarked that if the PMDC was not needed anymore, the government should abrogate it through legislation passed by the parliament with a two-thirds majority.

It will not project a positive image if the PMDC employees locked the ministry's offices, he added.

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During the Wednesday’s proceedings, the bench observed that the ministry will have to eventually restore the terminated employees of PMDC, issue their salaries in compliance with the court’s judgment.

How can the ministry seal an institution which regulates the affairs of doctors, Justice Kayani inquired, expressing his astonishment at whether there were any law and order issue which had led to sealing the council’s offices.

Justice Kayani further remarked that the health ministry should not make an issue of restoring the PMDC and its employees a matter of its ego.

He asked what will be the outcome if a body of lawyers was terminated as the PMDC had been.

“Should the court ask the PMDC employees to enter their offices after breaking the locks, why shouldn’t health ministry start working with the same employees,” he said, adding that these people will be restored per the verdict of the single-member bench.

The bench further observed that the PMDC had been restored, and if the ministry had any reservations, it can file an intra-court appeal.

Justice Kayani added the officers who ordered to lock the offices of PMDC had committed an offence and ordered the health ministry’s secretary, and other respondents to appear in person before the bench to answer on March 25.

The same bench had dismissed the Pakistan Medical Commission (PMC) Ordinance while restoring the PMDC and its terminated employees. However, when the health ministry ordered to seal the PMDC offices almost immediately, the employees of the council filed a contempt of court case against the ministry.

Stay order for DRAP

The IHC on Wednesday issued a stay order against the meeting of the promotion board of the Drugs Regulatory Authority Pakistan (DRAP) while notices were served to the Health Ministry and the Establishment Division.

The court has directed the respondents to submit para-wise comments in response to the petition within two weeks.

A single-member bench, comprising Justice Miangul Hassan Aurangzeb, heard a petition moved by Drap Director Abdul Rasheed challenging the promotion board meeting.

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Petitioner's counsel Ali Nawaz argued that civil servants have been working alongside Drap employees in the department. He contended that these civil servants have not been given equal opportunity for promotions, claiming that junior Drap employees are being given priority.

The petitioner urged the court to issue a stay order against Drap’s promotion board meeting, scheduled for Thursday.

The petitioner asked the court to order for the preparation of rules with the approval of cabinet body under sections (m)7, 14(1) and 15(5) of the Drap Act. He further asked the bench to declare the departmental promotion committee, set up for the appointments of directors, as null and void.

Published in The Express Tribune, February 20^th, 2020.