PHC sets aside stay granted to suspended MTI employee

ABBOTTABAD: In a decision that reinforced administrative authority in Medical Teaching Institutions, the Peshawar High Court Abbottabad Bench has set aside the order of the Khyber Pakhtunkhwa Medical Teaching Institution (MTI) Tribunal which had granted a stay to a suspended an employee of the institution.

The court declared the Tribunal’s order as unfair, biased, and beyond its jurisdiction, terming it a clear violation of the MTI Tribunal Act and constitutional principles of fair trial.The judgment was issued by a two-member bench comprising Justice Syed Muddassir Ameer and Justice Aurangzeb while hearing writ petition filed by the Chairman Board of Governors (BoG), Ayub Medical Teaching Institution (AMTI) Abbottabad through the secretary BoG.

The petitioner challenged the MTI Tribunal’s order dated September 16, 2025, which had granted interim relief to Director Physical Education Bilal Jadoon without hearing the BoG or seeking its response. Khurram Ghyas and Saeed Akhtar appeared for the petitioner.

The high court noted that the Tribunal had acted in direct contravention of Rule 31(6) of the Khyber Pakhtunkhwa MTI Appellate Tribunal Rules 2020, which explicitly prohibited granting any interim order that suspended termination or suspension of an employee. The court observed that the order was passed by a single member, in violation of Rule 12(8), which mandated that all appeals must be heard by a bench of at least two members.

Justice Ameer held that the Tribunal’s order, passed in undue haste and without affording the petitioners a fair hearing, violated Article 10-A of the Constitution, which guaranteed the right to a fair trial and due process.

The judgment emphasized that suspension was not a punitive measure but an administrative step to ensure impartiality during disciplinary proceedings.In a crucial interpretation, the court also invoked the “de facto doctrine”, validating all decisions taken in good faith by executives even if they were made beyond their tenure or outside the 90-day limit.

This principle, the court said, ensured continuity of public administration and prevented unnecessary administrative disruption.Allowing the writ petition, the court set aside the Tribunal’s order and directed the MTI Appellate Tribunal to hear the case afresh in accordance with law and proper procedure.