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February 15, 2018

Ayub Medical College dean’s dismissal declared illegal


February 15, 2018

ABBOTTABAD: The circuit bench of the Peshawar High Court (PHC) here on Wednesday declared the show-cause notice and dismissal of Ayub Medical College Dean Prof Azizun Nisa as illegal and without lawful authority.

Chairman Board of Governors (BoG) Major General (R) Dr Asif Ali Khan had issued show-cause notice to Ayub Medical College Dean Dr Azizun Nisa on January 25 and issued her dismissal order on January 31 without waiting for her reply. She was replaced by Dr Aftab Rabbani.

In the detailed judgment, the court observed that the petitioner had been issued show-cause notice containing serious allegations but she was dismissed without waiting for a detailed reply from her. “This slipshod and hasty decision not only lacks reasons but it is also contrary to the established principles of natural justice,” the judgment said.

The bench comprising Justice Lal Jan Khattak and Justice Syed Arshad Ali Shah disposed of the three writ petitions in one week’s time while hearing the arguments for two consecutive days.

The court made important observations in the writ petitions filed by the Dean versus Government of Khyber Pakhtunkhwa through Chief Secretary, Secretary Health, Board of Governors (BoG) Ayub Medical Teaching Institution (AMTI), BoG Chairman Major General (R) Asif Ali Khan and Dr Aftab Rabbani.

Tahir Hussain Laghmani and Sajjad Ahmed Abbasi represented the petitioners. Sardar Nasir Aslam, Nasrullah Khan and Arshad Khan Tanoli appeared for the respondents.

The judgment said, “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 allegations.”

If further said, “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 disposed of the writ petitions and observed that inquiry by the Provincial Inspection Team was implemented by the BoG AMTI. It said that no loss to the exchequer occurred as per the replies of respondents during the inquiry but some procedural anomalies took place in the process of procurement that could be addressed through routine audit procedure.

The petitioners including the Dean were exonerated by the BoG through its final order earlier. The BoG had directed the Hospital Director to communicate the decision to the Health Department.

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