1990 PLP 659 (SCMR)
Miss RAZIA SATTAR and another — Petitioners Versus MEDICAL SUPERINTENDENT, MAYO HOSPITAL
| Citation | 1990 PLP 659 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | Miss RAZIA SATTAR and another — Petitioners Versus MEDICAL SUPERINTENDENT, MAYO HOSPITAL |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 1990 PLP 659 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 659 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 659 (SCMR) (Miss RAZIA SATTAR and another — Petitioners Versus MEDICAL SUPERINTENDENT, MAYO HOSPITAL). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faqir Muhammad Khokhar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners (in Civil Petitions Nos. 1039 and 1040).
- Sh. Abdul Majid, Advocate Supreme Court, Muhammad Akhtar, Advocate-on-Record and Rao M. Yousaf Khan, Advocate-on-Record for Respondents (in Civil Petitions Nos.1040 and 1041).
- Date of hearing: 21st May, 1989.
Headnotes / Summary
(From the order of the Punjab Service Tribunal passed on 5-9-1988 in Appeals Nos.448/83, 449/84 and 450/85 of 1987, respectively),
Rr.4, 5 & 6
Constitution of Pakistan (1973), Art.212(3)
Delegation of Powers Rules of Health Department envisaged that the officer next below the head of the institution was the Authority competent to remove the nurses serving in hospital
Nurses were removed from service by the Chief Nursing Superintendent
Head of the hospital was the Medical Superintendent while the officer next below him was the Additional Medical Superintendent
Chief Nursing Superintendent being in the third place, her competency to remove the nurses from service needed examination
Leave to appeal was granted.
Judgment & Decree
Rr.4, 5 & 6
Constitution of Pakistan (1973), Art.212(3)
Delegation of Powers Rules of Health Department envisaged that the officer next below the head of the institution was the Authority competent to remove the nurses serving in hospital
Nurses were removed from service by the Chief Nursing Superintendent
Head of the hospital was the Medical Superintendent while the officer next below him was the Additional Medical Superintendent
Chief Nursing Superintendent being in the third place, her competency to remove the nurses from service needed examination
Leave to appeal was granted. Faqir Muhammad Khokhar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners (in Civil Petitions Nos. 1039 and 1040). Sh. Abdul Majid, Advocate Supreme Court, Muhammad Akhtar, Advocate-on-Record and Rao M. Yousaf Khan, Advocate-on-Record for Respondents (in Civil Petitions Nos.1040 and 1041). Date of hearing: 21st May, 1989. SAAD SAOOD.JAN, J.--The petitioner in C.Ps. 1040 and 1041 and the petitioner in C.P. 1039 were Staff Nurses serving in the Mayo Hospital, Lahore. Consequent upon disciplinary proceedings taken against them, they were removed from service. They filed appeals before the Medical Superintendent which were dismissed. They then filed appeals before the Provincial Service Tribunal but these too met with no success. They now seek leave to appeal from this Court.
2. The orders of removal were passed by the Chief Nursing Superintendent. In support of these petitions it is contended that under the Delegation of Powers Rules, the Chief Nursing Superintendent was not competent to direct their removal from service. We have examined the Delegation of Powers Rules relating to the Health Department. Under these Rules, the officer next below the Head of the Institution was the authority competent to remove them from service. The Head of the Mayo Hospital is admittedly the Medical Superintendent. The officer next below him, is the Additional Medical Superintendent. The Chief Nursing Superintendent comes in the third place. In the circumstances the contention that the Chief Nursing Superintendent was not the officer next below the Head of the Institution needs examination. We would accordingly grant leave to the petitioners. Security for costs in the sum of Rs.2,000 in each case. The appeals may he made ready for hearing on the present record with permission to the parties to file additional documents, if any. A.A./M-1034/S Leave granted.