1990 SCMR 528

Dr. Syed JAVED HUSSAIN ZAIDI vs SECRETARY TO GOVERNMENT OF THE PUNJAB, HEALTH DEPARTMENT, LAHORE and another

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Citation1990 SCMR 528

CourtSupreme Court of Pakistan

Case No.Civil Petition No,95 of 1985

Date1989-05-13

Judge(s)Ghulam Mujaddid and Saad Saood Jan

Authored byGhulam Mujaddid

ResultPetition dismissed

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This petition for leave to appeal arose from the dismissal of the petitioner's appeal by the Punjab Service Tribunal, which had upheld the punishment of censure imposed upon the petitioner, a doctor, by the Director, Health Services, and subsequently confirmed by the Secretary, Health. The core legal question before the Supreme Court was whether the disciplinary proceedings against the petitioner were marred by any illegality or irregularity warranting interference by the Court. Upon review, the Supreme Court found that the petitioner had acted in an irresponsible manner unbecoming of the medical profession and had been dealt with leniently by the authorities. The Court held that the petitioner failed to demonstrate any legal flaw or procedural irregularity in the disciplinary proceedings conducted against him. Consequently, the Court determined that the case was not a fit one for the grant of leave to appeal, thereby affirming the decision of the Punjab Service Tribunal and the underlying disciplinary actions taken against the petitioner.

Questions settled in this judgment

Does the Supreme Court grant leave to appeal where no illegality or irregularity is shown in disciplinary proceedings?
Is the punishment of censure against a doctor for irresponsible behavior sustainable when procedural fairness is maintained?

service matterdisciplinary proceedingscensureleave to appealprofessional misconductPunjab Service Tribunal

ORDER

1. ' GHULAM MUJADDID, J.--The Punjab Service Tribunal dismissed the appeal of the petitioner by judgment dated 19-11-1984. The Tribunal confirmed the punishment of censure awarded to the petitioner by the Director, Health Services. It was upheld by the Secretary Health vide orders dated 6-7-1983 and 21-3-1984 respectively.

2. The petitioner acted in a very irresponsible manner which is unbecoming of the doctor's profession.

3. He has been dealt with very leniently. Even otherwise, the learned counsel has not been able to satisfy us that there was any illegality or irregularity in the proceedings against the petitioner right from the beginning till end. We, therefore, do not think it to be a fit case for leave.