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May 8, 2019

PHC sets aside appointment of Nowshera hospital BoGs chairman

Peshawar

May 8, 2019

PESHAWAR: The Peshawar High Court (PHC) has set aside the appointment of Dr Riaz Awan as chairman Board of Governors (BoG) Qazi Hussain Ahmad Medical Complex Nowshera and restored the service of Dr Gulrez Hakeem Khan as Chairman BoG with the observation that no set rules for removal of the chairman were followed.

In a 26-page judgment, a division bench comprising Justice Syed Afsar Shah and Justice Abdul Shakoor declared that set rules for removal of the chairman BoG were not adopted and the BoG had no power to remove chairman from the service without valid reasons.

The court allowed the writ petition against the appointment of Dr Riaz Awan as chairman BoG and restored the service of the terminated chairman BoG, Dr Gulrez Hakeem Khan.

In the judgment, it was explained that the petitioner was appointed as BoG chairman of Qazi Hussain Ahmad Medical Complex Nowshera on March 21, 2018, and he was removed from the post on October 12, 2018, and Riaz Awan was appointed as new chairman BoG.

Counsel for the BoG members and hospital administration submitted that the petitioner was removed due to misuse of powers as he not only spent money without the approval of BoG but also made illegal appointment on various key posts in the hospital.

However, the court declared in its judgment that the chairman BoG appointment was for three years and he could be removed in violation of two reasons if he resigned or he did not attend three consecutive meetings of the BoG without any solid reason.

The bench observed that the petitioner was also removed from the post without giving any reason and then deprived him of the right of defence.

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