PESHAWAR: The Peshawar High Court on Tuesday restrained the National Accountability Bureau (NAB) from carrying out inspections of private medical colleges and sought replies from it.
The bench comprising Chief Justice PHC Mazhar Alam Khan Miankhel and Justice Daud Khan responding to a writ petition filed by Professor Dr Faiz Ahmad Qureshi said that the NAB had issued notices to different private medical colleges for inspection.
Abdur Rauf Rohila, the counsel representing the petitioner, argued that private medical colleges fell under Pakistan Medical and Dental Council.
He argued that NAB had no authority to carry out inspection which tantamounts to misuse of authority. Rohila, while citing various judgments, argued that a division bench of PHC on July 4, 2015 had ruled NAB’s inspections of private medical college null and void.
He said that even the Supreme Court had upheld the PHC verdict. He said that despite these judgments, NAB had again issued inspection notices to the private medical colleges and prayed to the bench to declare the notices illegal.
The bench after hearing the arguments restrained NAB from carrying out inspections.
The same bench while hearing another petition filed by some terminated frontier constabulary personnel, from their services, sought record from the Frontier Constabulary.
The personnel were terminated for allegedly surrendering and handing over their weapons to militants after their checkpoint was overrun by the latter.
The bench was hearing a writ petition filed by Mujibur Rahman. Saiful Islam was informed that around 200 miltants attacked the Gulistan checkpoint on July 12 2008.
The petitioner’s counsel argued that there were only 12 FC personnel on duty at the checkpoint and some of them had run away while some surrendered and handed their weapons to the militants. He stated that the personnel who ran away returned their weapons to the authorities after seven days of the attack and reported the action to the authorities.
However, those who surrendered their weapons were removed from their jobs through forced retirement. The petitioners’ counsel said that the authorities held no inquiry nor they were issued show cause notices and everything was done in one day and they were removed from their jobs.
The bench was told that the PHC in its earlier verdict converted the petition into a departmental appeal and ordered the authorities to decide the case.
He argued that the authorities had declared termination of petitioners from their jobs legal in the inquiry report which was illegal and against the sprite of justice.
He prayed to the bench to allow the writ and order reinstatement of the petitioners on their jobs. The bench after hearing the arguments ordered the FC authorities to provide a complete record of the case and adjourned the case till next hearing.
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