PHC: MTI’s BOG hearing shouldn’t adjourn further

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Muhammad Ibrahim Khan and Justice Abdul Shakoor annoyed Khyber Pakhtunkhwa caretaker government attitude while granted last chance submit reply in dissolution of Medical Teaching Institutions (MTI) Board of Governors (BOG), on Thursday.
Assistant Advocate General Saqib Raza along with counsel for petitioner Shumail Ahmad Butt and Ali Gohar Durrani advocates while Hafiz Zain Rashid and Hussam Rawan appeared on behalf of Young Doctors Association before the court.
The counsel Shumail Ahmad Advocate argued that respondents didn’t submitted reply while Justice Muhammad Ibrahim Khan remarked that its last chance and court shouldn’t adjourned hearing further, however, Assistant Advocate General Saqib Raza requested for 10 days for submission of comments in this regard.
It is worthy to mention that Ali Gohar and Sumail Ahmad advocates had filed separate petitions against dissolution of BOG of several MTIs across Khyber Pakhtunkhwa by caretaker cabinet on 16th March.
BOG members of Ayub Teaching Hospital including Dr. Asim Yousaf and Major General (retired) Amjad Faheem along with others in which Chief Secretary Khyber Pakhtunkhwa, Secretary Administration, health and Election Commission Pakistan were respondents in the petition.
The petition stated that BOG members were recommended by Search and Nomination Committee under section-5 of MTI Act 2015 but Secretary health has initiated summary for its dissolution which is approved in caretaker cabinet meeting held on 16th March.
The divisional bench of PHC comprising of Justice Muhammad Ibrahim Khan and Justice Abdul Shakoor granted last chance for submission reply to respondents while adjourned further hearing till 9th May.
PHC stays transfer of Director Finance Capital Metropolitan Peshawar: The Peshawar High Court (PHC) here Thursday stayed the transfer of Director Finance Capital Metropolitan Peshawar Nasimullah Kundi. A division bench of Peshawar High Court comprised of Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad heard a writ petition filed by Nasimullah Kundi, Director Finance, Capital Metropolitan Peshawar who was transferred by the Chairman Local Council Board by strength of a permission from the Election Comission of Pakistan.
Senior Advocate Mian Muhibullah Kakakhel assisted by advocate Nouman Muhib Kakakhel appeared on behalf of the petitioner. The counsels argued that the petitioner has been transferred and directed to report to the Local Council Board which is indirectly making him Officer on Special Duty (OSD) which is only done to punish employees.
The counsels argued that normal tenure over each posting was three years. The counsels argued that petitioner is due to retire in September 2023 and one year before age of superannuation, employees of Local Council Board are to be kept posted at a station on their option.
The counsels argued that the petitioner has no alternate and efficacious remedy, therefore a writ petition is competent instead of going to the service tribunal. The bench after hearing arguments of the counsels for petitioner issued a restraining order and stopped the Government and Local Council Board from acting on the transfer order.