Abdul Khaliq Qureshi
Peshawar High Court Circuit bench Abbottabad has delivered a land mark judgment in the writ petition challenging the dismissal from service of Dean Ayub Medical college (AMC) by the Chairman Board of Governors in which court held the show cause notice as well as Termination Letter as illegal and without lawful authority.
The judgment also sets the course for Medical Teaching Institutions (MTIs) in the province of Khyber Pakhtunkwa.
“Even otherwise, the manner through which disciplinary action against the petitioner was initiated and she was dismissed from service cannot be upheld in any manner as evident from the statement of allegations, the said allegations cannot be established without regular inquiry.
It is a settled principle that any disciplinary proceedings relating to misconduct of an employee /officer of any department, which entail major penalty of removal/ dismissal from service, must be inquired through regular inquiry, which cannot be dispensed with, in matter where controversial facts and ticklish questions are involved ”.
The Court further observed that the petitioner was been issued show cause notice containing serious allegations and without waiting for a detailed reply from her, imposed major penalty of dismissal.
“This slipshod and hasty decision not only lacks reasons but is contrary to the established principle of natural justice. Double bench comprising Justice Syed Arshad Ali Shah and Justice Lal Jan Khattak disposed off all three connected writ petitions in a record one week time and made important observations in the writ petition filed by Dr Salim Wazir Professor community medicine Ayub Medical college Abbottabad and others versus government of Khyber pakhtunkwa.