Removal from service: Doctor seeks contempt proceedings against Punjab govt

ISLAMABAD: A petition has been filed in the Supreme Court (SC) seeking contempt of court proceeding against the Punjab government for violating its order of February 4, 2019.

Dr Iftikhar Ahmed Ghuman, ex-Medical Superintendent, Kot Khawaja Saeed Hospital, Lahore has filed a contempt petition in the apex court under Section 3/4 of the Contempt of Court Ordinance 203 for initiating contempt of court proceedings against the Punjab government led by Chief Minister Usman Buzdar for violating its order dated February 4, 2019.

He has made Punjab Chief Minister Usman Buzdar, Dr Yasmin Rashid, Punjab Minister for Health, Yousaf Nadeem Khokar, Chief Secretary and Captain (R) Muhammad Usman, Secretary Punjab Primary and Secondary Healthcare Department as respondents.

He prayed to the apex court that the respondents might be held liable for having committed contempt of court and be proceeded in accordance with law. Similarly, he prayed that the respondents be directed to withdraw the fresh inquiry order dated September 11, 2019 in the interest of justice.

The petitioner also prayed that pending disposal of the instant contempt petition, operation of the inquiry dated September 11, 2019 be suspended. The petitioner in 2009 while serving as Medical Superintended in Kot Khawaja Saeed Hospital Lahore, had cancelled certain illegal appointments made at the instance of local political figures due to which he was subjected to illegal torture and multiple inquiries and was finally removed from service along with other two employees by a politically motivated order.

He informed that they then challenged the said order before the Punjab Service Tribunal, Lahore and their appeals were allowed and the impugned orders were set aside on September, 11, 2014 and they were reinstated.

The learned tribunal chairman while passing the judgment also observed if the competent authority so advised might initiate fresh inquiry proceeding against all the four appellants strictly in accordance with the law.

The nature of intervening period shall be determined after the outcome of the inquiry proceedings. He said, meanwhile, they challenged in this court the order of tribunal regarding holding fresh inquiry as well.

The petitioner further submitted that after the tribunal order, he approached Secretary Primary and Secondary Healthcare for the implementation of the tribunal judgment by filing joining report as he was reinstated, however, he was not paid any heed and finally he approached the Lahore High Court, which ordered on January 12, 2017 to reinstate him and consequently he was posted at DHQ Hospital, Sheikhupura in BS-19.

The petitioner submitted that he had also challenged before this court order of Tribunal, dated September 11, 2014 only to the extent of initiation of fresh inquiry and linking the intervening period with the outcome of that inquiry proceedings.

"This prayer had become infructuous when august Supreme Court had observed that the inaction by the government for initiation of fresh inquiry was indicative of their intention not to proceed further in the matter", the petitioner said.

In this way fresh inquiry proceedings as per option given by the learned chairman Punjab service Tribunal Lahore, could not be initiated, said the petitioner.

He further said that the CPLA, 2008 L of 2014 filed by the provincial government challenging the tribunal verdict of September 11, 2014, along with other connected CPLAs had also been disposed of by this court vide consolidated order dated February 4, 2019 whereas admittedly the government of the Punjab did not assail the said judgment through any review petition.

However, he informed that after passing of this court order on February 4, 2019, he submitted an application on February 28, 2019 before Secretary Punjab Primary and Secondary Healthcare Department for pension and regularisation of gap, but he was informed that fresh inquiry proceedings were going to be initiated and his pension case would be finalised thereafter.

The petitioner contended that the initiation of fresh inquiry after the apex court order would mean that the provincial government is flouting and disobeying the authority of august Supreme Court and will fall within the purview of Article 204 of the Constitution. He prayed that contempt proceedings be initiated against all the respondents for violating SC orders.