Applic. to HCJ PAK

8/3/2019 Applic. to HCJ PAK

1/125

1 (Attached herewith 37documents consisting of 52 leaves/62pages)

YOUR HONOR (The most honorable Chief Justice of Pakistan, Islamabad).

This is the fourth time I am sending this application to Your Lordship.

1- On January 28, 2011, I sent this application to your honor by Post under registered cover

from GPO, Lahore.

2- On February 01, 2011 I sent this application to your honor by Post under registered cover

from GPO, Lahore.

3- On 17-05-2011, I sent this application to your honor from Bahawalpur GPO. This time I sent

at

your Lordships Official Residential address in Islamabad as well as in Quetta.

Sir,

Now I am sending this application to your honor on Email address:

Email:[email protected]

It is most humbly requested that my case may kindly be taken up at the earliest as

things are getting from bad-to-worse for me not only economically but also otherwise

with the passage of time.

Thanking your honor in anticipation,

Yours obediently,

Khalid Mahmood, MBBS

R/O:Room # 35,Doctors Hostel,

Abbas Manzil,Near District Courts,

Bahawalpur.

Mob #:0334-6871505

Dated 07-09-2011


2/125


To

The Most Honourable Chief Justice of Pakistan,

Islamabad.

Subject: APPEAL AGAINST THE JUDGEMENT OF MR. MUHAMMAD AYUB MALIK,

MEMBER-III OF THE PUNJAB SERVICE TRIBUNAL, LAHORE IN APPEAL NO. 937

OF 2009 (ATTACHED HEREWITH-01).

Dr. Khalid Mahmood (Room No. 35 Abbas Manzal) Doctors Hostel

Near District Courts Bahawalpur APPELLANT

VERSUS

1. The Secretary Health, Government of the Punjab, Lahore.2. The Chief Secretary, Govt. of the Punjab, Lahore.

RESPONDENTS

My Lord,

Kindly allow me to present my case myself before Your goodself NOT ONLY

because I have already spent more than Rs. 100,000/- paying the lawyers fees

and in running about here and there in spite of being jobless, almost broke and

penniless BUT ALSO because the respected Member Punjab Service Tribunal

(M.P.S.T) has mentioned in (Point 7) of his judgment that observations / Charges

against me levelled / made by the Secretary Health Punjab in the Dismissal from

service order dated 13-06-2001 were not rebutted by my learned council. Earlier

in Point 5 of the judgment, MPST finds the contentions- (a statement of beliefs

and opinions which are yet to be proved according to advanced Oxford learners

dictionary) of my lawyer had no force a subjective view, of course, of MPST. So,

here, I most respectfully ask of Your goodself to allow me to present submissions

before your good honor. My submissions will be under the following headings:

1. I will REBUT the charges against me levelled by the Secretary Health Governmentof the Punjab in the DISMISSAL FROM SERVICE ORDER DATED 13-06-2001

(ATTACHED HEREWITH-2) and will (INSHAALLAH) prove it UNLAWFUL (based on


3/125


OPINIONS formed by the Secretary Health Punjab on the wrong and prejudicial

input from the Inquiry Officer, the Director Health Multan, and the Director

Health Bahawalpur- Dr. Fazal Mahmood).

2.

I will rebut the Secretary Health Punjab letter dated 03-04-2009,written incompliance of the orders of Honorable Lahore High Court dated; 09-03-2009

(declaring my request i.e to RE-VISIT my case REASONABLE and DIRECTING the

concerned authority / authorities to make decision on my applications to the

Secretary Health Punjab dated 12-07-2001 and the Chief Secretary Punjab dated;

20-08-2003). Instead of considering and re-visiting my case, the Secretary Health

Punjab in his letter dated 03-04-2009 called my request TIME BARRED which I

believe amounts to contempt of Lahore High Court order dated 09-03-2009.

Though the spirit of this letter of the Secretary Health Punjab dated 03-04-2009 ishostile and as I have already written amounts to contempt of Lahore High Court

Order dated 09-03-2009 but I being an OPTIMISTIC see a POSITIVE point in this

also i.e. the Secretary Health Punjab has HALVED the charges against me i.e.

according to this 03-04-09 letter of the Secretary Health Punjab (written in

compliance of Honorable L.H.C order dated 09-03-2009) the charge against me is,

I quote.

2. Dr. Khalid Mahmood was proceeded under PCS (E&D) rules 1999 on the

charge of willful absence from duty w.e.f 11-11-1999. (Attached herewith_03).

While according to the Secretary Health Punjab order dated 13th

June,

2001 (i.e. dismissal from service order) I was proceeded against under the

provisions of PCS (E&D) Rules 1999 on the charge of misconduct i.e. willful

absence from duty w.e.f. 11-11-1999 / non-compliance of transfer orders (Point 1

of dismissal from service order dated 13-06-2001). (Attached herewith 02).

In his report and comments, the Senior Law Officer (SLO) Govt. of the

Punjab, Health Department on behalf of the Secretary Health Punjab and Chief

Secretary Punjab sent to MPST in 2009 has also HALVED the charges against me.

In the very first sentence under the heading of PRELIMINARY OBJECTIONS, the

SLO writes and I quote:The penalty of dismissal from service under E&D rules

1999 was imposed upon the appellant (i_e. on me) on the charge of un-

authorized absence vide order dated 13-06-2001. (Attached here with_04).


4/125


Your lordship, your honor can see that the charges against me in the

Dismissal from the service order dated; 13-06-2001 are TWO in number i.e.

willful absence from duty w.e.f. 11-11-1999 / non-compliance of transfer orders.

I was ill then. I could not fight except writing an application to the Secretary

Health Punjab on 12-07-2001 to re-visit my case and again on 20-08-2003 to the

Chief Secretary Punjab to re-visit my case. (Attached herewith-05-06

respectively).

But in 2009 when I could arrange some money to fight for my rights

and went first to honorable LHC which graciously declared my request (to revisit

my case) REASONABLE and DIRECTED the concerned authorities to make decision

on my appeals against 13-06-2001 Dismissal from Service Order of the

Secretary Health Punjab, the authorities immediately went on back foot andhalved the charges against me i.e. NO MENTION OF THE NON COMPLIANCE OF

TRANSFER ORDER was made either by The Secretary Health Punjab in his letter

dated April 03, 2009 (written in compliance of the orders of Honorable LHC order

dated 09-03-2009-attached herewith 07) or by the Senior Law Officer of Health

Department Lahore in his reports and comments on behalf of The Secretary

Health Punjab and Chief Secretary Punjab sent to Member PST in the end of

2009.

Your lordship, I request Your goodself to look into this. What I

understand is: the transfer order was from the Director Health Bahawalpur and

was NOT ONLY against the Government of the Punjab orders dated; 03-08-

1995 (Attached herewith-08) BUT ALSO against the general Government Policy

i.e. a fresh Medical Graduate should serve 2-3 years in the rural areas and I had

spent more than that. THE MOST IMPORTANT POINT is the transfer order of

Director Health Bahawalpur bears a date (December 31, 1998-attached herewith-

09) which is almost six months prior to the date when PCS (E&D) rules 1999 came

into force i.e June 21, 1999 - making the Secretary Health Punjab Lahore

dismissal from service order dated 13-06-2001 UN-LAWFUL.

The transfer order of Director Health Bahawalpur was given to me in early

January 1999 when I was already at the disposal of the Director Health

Bahawalpur since middle of November 1998 in compliance of Director Health


5/125


Bahawalpur order. Within a few days i.e. on 15-01-1999, I made a humble

request to Director Health Bahawalpur to cancel this order as the order was not

only against Govt. of the Punjab Order dated; 03-08-1995 but also against the

General Government Policy as I had spent more than three four years in a

village rural BHU. I was given mental torture (about which I shall be talking in the

preamble). I fell ill. I got medical docket and got medical treatment and also

remained admitted in a Government Hospital for some time.

3. The member Punjab Service Tribunal (M.P.S.T) wrote in point 1 on page 2 of hisjudgment that my appeal to him was meant to assail the above two

orders/letters of the Government of the Punjab and he was right. But before your

Lordship, I am going to ASSAIL THE JUDGEMENT OF Member P.S.T Punjab also

which was announced on 10-12-2009 and given to me in writing on 17-03-2010 inBahawalpur. This judgment of the Member P.S.T is just supporting the ILLEGAL

and UNLAWFUL earlier order / letter of Health Department Lahore i.e. Secretary

Health Punjab order dated 13-06-2001 and the Secretary Health Punjab letter

dated 03-04-2009.

Your Lordship the trial and the judgment of respected Member Punjab

Service Tribunal (MPST) is a TRAVESTY OF JUSTICE and I shall prove it before your

goodself. INSHALLAH.

PREAMBLE

Your Lordship,

Most respectfully I beg to state that I think I would be able to explain things and

events better after writing this.

I, Khalid Mahmood, MBBS S/o Late Mr. Mukhtar Ahmed Sheikh (who retired as

Principal Govt. Comprehensive High School Multan in 1973 and later died on the

operating table in the operation theatre of Govt.Bahawal Victoria Hospital

Bahawalpur_-a Teaching Hospital-in 1981) did my medical graduation (MBBS)

from the King Edward Medical College Lahore in 1985.

Immediately after my internship (House Job) in the Mayo Hospital Lahore,I joined

Government Service in July 1986. Later after Punjab Public Service Commission


6/125


Selection I joined the Punjab Health Department as P.P.S.C selectee Medical

Officer/Blood Transfusion Officer on February 17, 1987.

Sir, I think, my case should also be seen as a case.

Khalid Mahmood (MBBS) VERSUS Mr. Manzar Hayat (CSP)

(Additional Deputy Commissioner

GeneralADCG Bahawalpur in 1992.

About his present posting I do not know)

Sir, I met Manzar Hayat for the first time in my life on May 20, 1972 when we got into

Cadet College Hasan Abdal (CCH) in Class 8. We were in the same hostel (Aurangezebwing there were six wings / hostels in all). He was known as a jealous, mean, Cheap

and selfish boy who would getup in the morning before the WAKING UP bell / call not

always to study himself but always to stop the alarm clocks of other boys specially

during the examinations. He was specially jealous of me. Here I would mention a few

incidents.

1. On the basis of ENTRY TEST in Cadet College, Hasan Abdal, Merit Scholarshipwas given to only SIX BOYS of our class of about 80-90 boys. Two of the six boys

were in my hostel/wing- Aamer and myself. Aamer was very homesick and left

in a few months. So in my hostel I was the only one in my class who had got the

Merit Scholarship on the Entry test basis. As a matter of fact, I got the Merit

scholarship throughout my stay in Cadet College, Hasan Abdal (given to first 20

boys on the basis of results in the terminal examination. Later in King Edwards

Medical College Lahore, I got Merit scholarship throughout and after MBBS I got

paid House job on Merit).

In final year (i-e 2nd

year F.Sc)I was declared the BEST BOY of my hostel academically

who would go and get the academics trophy on the parents day though I never got

that because some other hostel won the trophy our hostel / wing was second in

academics. But Manzar Hayat was very angry as I was declared the best in studies

by the house master of our Hostel. Manzar Hayat did not talk to me for weeks.

2. Another incidence which I can vividly recall is:


7/125


We were sometimes allowed to go out on weekends. It was a weekend in

1975-76. We usually went to Rawalpindi and watched movies. On this weekend

our group (Ali, Imran, Wajih and myself) watched Two Movies FLARE UP

starring Raquel Welch an extremely good looking star of her time and

(SHARAFAT) starring Nadeem and Shabnam. On Monday morning Prof. Asif Malik

(our House Master who is I think Principal of CCH these days) asked me what I did

on weekend. I told him. Prof Asif Malik again asked who were with me I told him,

Ali Hammad, Imran Rashid (Omar Wing) and Wajih Zaheer Kidwai (Jinnah Wing).

Mr Asif Malik remarked laughingly SO THE CREAM OF CADET COLLEGE MISSED

NOTHING NEITHER RAQUEL WELCH NOR SHARAFAT. And we had a good hearty

laugh. I vividly remember how angry Manzar Hayat was about Professor Maliks

remarks about me and my friends. He called me a TRAITOR who had best

friends in other wings / hostels.

3. On our final Parents Day our group almost swept the prizes in studies. ImranRashid was overall first Wajih was Second. I got first prize in Physics (Mr. Asif

Maliks Subject) second prize in Chemistry as well as the prize for the best

contributor to the college Magazine. Ali Hammad if I remember correctly also got

a couple of prizes. Any way 90% of the prizes in studies were won by our group.

Later we all four of us came to the King Edward Medical College Lahore.

YourLordship, good healthy competition among students is not bad. We

used to help each other also. For Example, I remember Ali and Imran coming to

my Hostel to wake me up and other boys specially during examinations as

Manzar Hayat after stopping our alarm clocks used to go to the Mosque even

before Fajar Prayer and was sometimes found sleeping in the Mosque when

boys used to go to the Mosque for Fajar Prayers. Such was his kind and

character. In K.E.MC Lahore Manzar Hayat was also with us there used to be 20-

30 boys of our college in K.E.M.C Lahore each year.

Manzar Hayat did B.Sc after appearing in English after, I think, second

professional. He wanted to be a bullying, rude and arrogant CSP Officer (True to

his nature, well equipped and capable of insulting and bullying people and

making money at the same time I have heard from a friend that he is making

BIG INVESTMENTS in USA / UK these days). Anyway he did become a CSP Officer


8/125


after B.Sc and CSS examination.. Ali Hammad (My best Friend S/o a Provincial

Secretary), Imran Rashid (Whose father was in Wapda No. 3 or No. 4 after the

chairman Wapda) Wajih Zaheer Kidwai (S/o a 20 Grade Engineer) all went to USA

as they were very INTELLIGENT and TALENTED as well as ECONOMICALLY VERY

WELL OFF BEST FRIENDS OF MINE. (My retired High school Headmaster /

Principal father had died in August 1981 when I was in 3rd

year,MBBS, on the

Operating table of the operation theater of Govt. B.V. Hospital Bahawalpur.

Professor of Anaesthesia was the Anesthetist who had charged us Rs 500/- in

1981 for the anaesthesia that killed my father. He was later transferred to Mayo

Hospital Lahore as head of anesthesia Department - a reward he got. Surgeon

was Professor of Surgery. Prof. of Anaesthesia gave my father general anesthesia.

So my father WAS ANAESTHETIZED INTO DEATH BEFORE TWO 20 GRADE

PROFESSORS, one of Surgery and other of Anesthesia. Surgeon was later made

the Principal of Quaid-e-Azam Medical College, Bahawalpur.

Your Lordship, what an unfortunate people majority of us are! (I am

talking about 90-95% people of Pakistan). The 5% who kill us are promoted /

rewarded for killing us brutally / cruelly. After fathers DEATH I was left alone to

be hit by Manzar Hayat CSP who was known for his revengefulness and

vindictiveness and used to take pride in Vendetta. We are RAJPUTS. We never

forgive. When we lost some war in the past, we used to kill our women. And later

we used to take revenge as soon as we could. was Manzars favorite dialogue.

In 1992 Manzar was in Bahawalpur as ADCG. He was a typical arrogant CSP

Officer deriving pleasure by insulting people. During his stay in Bahawalpur, we

met not more than 3-4 times.

In one of these a few meetings,he proudly and arrogantly told me how heinsulted the Principal of the Govt.Girls College Bahawalpur BECAUSE the old lady

called him BETA (the respected Principal probably knew Manzars Mother whowas also a teacher in the Punjab Education Department). He snubbed her rudely

in front of her juniors and was telling me and laughing deriving great pleasure

a sadistic pleasure I must say.

In another meeting Manzar Hayat narrated a story:how he insulted a very seniorpolitician (Mr.Hamza) during his FIRST POSTING as Assistant Commissioner in


9/125


Shakargarh. Mr. Hamza, the elected member of assembly, wanted to meet him.

Manzar would not take Mr. Hamzas Call his P.A telling Mr. Hamza Sab is Busy

in a Meeting Etc. Finally after 5-6 days, Manzar did talk to Mr. Hamza and gave

him evening time for meeting. When Mr. Hamza Came to his place at the

mutually agreed time, Manzar had already left his place to meet a friend who was

an Army Captain P.A of some Army General in nearby Cantonment. So Mr.

Hamza the elected representative of that area could not see Manzar who thought

and told me that he did right to insult a CHEAP POLITICIAN WHO WAS ELECTED

BY THE PEOPLE. YourLordship this was the mentality and Character of Manzar

Hayat.

In one other meeting Manzar talked about Ishtiaq Naqvi-a LSMF man ( a medicaltechnician / compounder level person) Manzar told me that Ishtiaq Naqvi had noself esteem but he was good at barking like a DOG. So Manzar used Ishtiaq Naqvi

to threaten and blackmail People.

Later in early September 1992, Manzar Hayat (ADCG Bwp) got me kidnapped the kidnappers were Ishtiaq Naqvi LSMF the same medical technician /

Compounder and a few plain clothed policemen. Manzar Hayat kept me locked

up in a house for a couple of days. As he loved Showing off he used to come to

that house in chauffeur driven official car escorted by a Police Vehicle. He wanted

me to do a few dirty, unethical and ungentlemanly jobs for him and I had refused.

After a couple of days, he let me go.

After release, I approached LHC Bahawalpur Bench Telegraphically on 04-

09-92 and complained against Manzar Hayat ADCG Bahawalpur. Some mention

of the dirty conduct (unbecoming of an officer and a gentle man) Manzar had

and similar dirty jobs he wanted me to do for him were mentioned in my

telegram of 04-09-1992 to LHC Bahawalpur Bench.

A day or two after MY COMPLAIN OF 04-09-92, Manzar came to my late

mothers place (where my late elder sister Mrs. Tabussam Fatima was and her

child and her husband are still residing). Manzar Hayat begged my sister to make

me take the complaint back. What Manzar wanted to write to LHC is attached

herewith in his own hand(attached herewith-10). I did take the complaint back by

only writing Sir (your honor) I take the complaint back and nothing more. I


10/125


wanted to forget this incidence. I never met Manzar Hayat after that. When he

was (after some time) transferred from Bahawalpur, I went to his place with my

elder sister and wished his wife good luck at their new place of posting Manzar

had already left.

But Manzar Hayat did not forget this incidence. He felt very insulted

insulted by a MERE MBBS Doctor whom his arrogant CSP mentality thought and

considered nothing more than DIRT. The proof of the grudge Manzar had been

nursing since MAY 20, 1972 and later since 04/09/1992 and his instinctive

vindictive Nature to conduct / persue a personal VENDETTA against a rival or a

supposed rival, came to surface in 1997-1998-1999 (when he had become more

powerful and senior CSP officer). He somehow managed to get the known foul-

mouthed and known incompetent LSMF / Medical Technician / CompounderIshtiaq Naqvi posted as District Health officer of Bahawalpur an officer incharge

of all MBBS Medical Officers / Senior Medical Officers some of whom were

some post graduate Diploma Holder also. YOURLORDSHIP, this posting of Ishtiaq

Naqvi LSMF as DHO must be the first of its kind in the history of the world . In

one of my very few meetings with Manzar as old Class fellows in early 1992, he

had called Ishtiaq Naqvi a barking DOG used by him as well as by other

Bahawalpuri Bureaucracy to Bark at, Threaten & Blackmail innocent people.

YourLordship, my late father Mr. Mukhtar Ahmed Shaikh B.A.B.T. used to

say, A Government Servant / Officer dies twice. The first time is when he goes

on retirement, and the second time is when he actually dies and ceases to

breathe.

YourLordship, what made the then Director Health Bahawalpur (a MBBS

Doctor, a senior citizen who retired from the same post shortly after getting me

dismissed) want to get me fired at 40 without even knowing me personally? Why

the infamous LSMF Ishtiaq Naqvi was Made DHO who almost daily had verbal

and at times physical fights with young MBBS Doctors?

Sir, I am almost sure as sure as one could be in such matters in our

UNFORTUNATE CSP RUN COUNTRY (specially before the present higher

judiciary which has given me the courage to write this application) that Manzar

Hayat CSP who had become more powerful in 1997-1999 than he was in 1992


11/125


plus his CSP Friends were at the back of getting LSMF Ishtiaq Naqvi posted as

acting DHO Bahawalpur who started making and manufacturing false cases-the

only job he was specialist in-against me as soon as he took charge. He was a very

old man and as far as age is concerned he was senior to the then Director Health

Dr. Fazal Mehmood. He was probably on extension Young MBBS Doctors even

had physical fights with him. As he was foul-mouthed also, verbal fights with dirty

words was the daily routine. In fact, a few Young MBBS Doctors did not allow him

to enter their offices or enter the premises of their medical centers. Ishtiaq Naqvi

LSMF on the basis of a few complaints against me, manufactured by him,

recommended my transfer.

The Director Health Bahawalpur first ordered me in his office at his

disposal in November 1998 (Order No. 17-K/MO/9601-9606/ESTT dated Nov,

10-1998- attached herewith-11). After a couple of months the director issued

order of my posing in a remote village out of Bahawalpur District against the

Govt. of the Punjab order that I was to be posted in Bahawalpur district and also

against his own promise that I would be soon posted in Bahawalpur City in reply

to my application dated 11-05-1998(Attached herewith-12) in which I had

pleaded that I had served more time in rural area than it was required according

to the Government Policy. This prejudicial, cruel and un-just attitude of

Bahawalpur Health Authorities became the cause of my illness and depression as

I knew quite a few doctors sons & daughters of BIG GUNS (CSP Officers, Army

Officers & Political Stalwarts), who had spent NOT a single day in a village and

had always been in teaching hospital or Medical Colleges or at least in big cities. I

fell ill and depressed. I got Medical docket and received Medical treatment in

Rahim Yar Khan as well as in Bahawalpur Hospitals.

_________________________

My Lord,

Now I come to the Secretary Health Government of the Punjab (the authority),

Dismissal from service order dated 13-06-2001 and the Secretary Health,Punjab letter

dated 03-04-2009 (written in compliance of the orders of honourable Lahore High Court

Lahore dated 09-03-2009 passed in my writ petition No. 1160/2009/Bahawalpur VERSUS


12/125


The Secretary Health, Punjab and The Chief Secretary, PunjabDECLARING MY REQUEST

REASONABLE AND DIRECTING THE CONCERNED TO DECIDE MY DEPARTMENTAL APPEAL

within 4 weeks attached herewith-03). As the member Punjab Services tribunal (MPST)

rightly wrote in point one on page (02) of his judgment sheet that I meant to ASSAIL

these two orders / letters in appeal No. 937 of 2009 before his goodself, I come to 13-

06-2001 order and 03-04-09 letter of the Secretary Health Government of the Punjab

One by one.

1. THE SECRETARY HEALTH, GOVERNMENT OF THE PUNJAB LAHORE, Dismissalfrom Service" order dated 13-06-2001. (Attached herewith-02)

I am going to try to REBUT each and every point of this order one by one and

comprehensively specially because the respected Member Punjab Services

Tribunal (m PST) remarked in Point 07 of his judgment that 13-06-2001 order was

not rebutted to his satisfaction by my learned council. I do not comment on this

observation of the respected member PST.

Sir, first I am going to REBUT one by one point 1 - 5 of dismissal from service

orderdated 13-06-2001 of the Secretary Health Government of the Punjab(May

Almighty Allah help me,Ameen)

POINT 1:(of Dismissed from service order dated 13-06-2001)

According to 13th

June 2001 "dismissal from service" order by the Secretary

Health, Punjab, I was proceeded against under provisions of Punjab Civil

Servants (E & D) rules 1999 on the charge of misconduct i.e willful absence

from duty w.e.f 11-11-1999 / non compliance of transfer orders.

My Lord, these charges are TOTALLY INCORRECT.

(A)I have been accused of being willfully absent from duty while I was ill and theBahawalpur Health Authorities were informed about my illness by my brother(Professor Bilal Ahmed Who was head of the English Department Govt. College

Rahim Yar Khan) as well as by myself in writing with medical certificates as well as

verbally in person. In fact, Dr. Fazal Mahmood (the then Director Health,

Bahawalpur) knew my doctor (Prof Dr. Abdul Manan Babar Prof. of Surgery QMC

Bahawalpur) under whose treatment I was during this period and even after this


13/125


period as my condition (Severe hemorrhoids and anal fissure) worsened first due

to the unkind, un-understanding, bullying and unsympathetic attitude of

Bahawalpur Health Authorities and later after the dismissal from services order

of 13-06-2001 Depression worsened the condition even more. In fact I had

undergone surgery for this also.

The Director Health Bahawalpur letter to the Secretary Health Punjab

dated25-08-2000 is attached herewith-13. While I was asking him to issue me

medical docket, the Director Health was requesting the Secretary Health, Punjab

that medical docket for my invalidation to Medical Superintendant B.V. Hospital,

Bahawalpur be issued as I was not at the strength of Bahawalpur Directorate.

Your lordship,this 25-08-2000 letter(Attached herewith-13) of the Director

Health Bahawalpur speaks of:

(a)The MOST CRUELEST ATTITUDE of the Director Health Bahawalpur towards a 40years old medical Graduate (I was 40 then) who had done FSc from Cadet College

Hassan Abdal and medical Graduation from the King Edward Medical College

Lahore and who was suffering from haemorhoids and anal fissure and of course

DEPRESSION due to the cruel attitude of Bahawalpur Health Authorities. How

could such a senior Doctor (The Director Health Bahawalpur who retired shortly

after getting me dismissed) write to the Secretary Health, Punjab for my

invalidation because I was suffering from haemorhoids and anal fissure? While

the concerned surgical specialist Doctor advised rest and infact Sheikh Zayed

Hospital,Rahimyar khan Medical Board headed by Medical Superintendant and

B.V Hospital Medical Board Headed by M.S had even declared me FIT TO

RESUME DUTY - as people suffer from these diseases and even worse like Blood

Pressure and Diabetes, Heart disease and even Cancer but are fit to do

Government Jobs. (fit to resume duty certificates attached herewith-14,15 & 16).

(b)The Director Health,Bahawalpur was requesting the Secretary Health,Punjab toissue medical docket as I was not at the strength of Bahawalpur Health

Directorate. THE POINT I WANT TO MAKET IS : Inspite of my illness, I wanted to

work, as this job was my only source of Income but the Director Health

Bahawalpur would NEITHER give me medical docket NOR allow me to join

wherever he had posted me. Again during the inquiry, the Departmental


14/125


Representatives letter to Inquiry Officer Dated 14-03-2009 shows and reveals

similar HOSTILE ATTITUDE as under (Attached-17).

(a)The B.V hospital Bahawalpur Medical Board declared me fit to resume duty,the departmental representative wrote to Inquiry Officer that I was not fit.

(b)Instead of going to Multan personally (as required by P.C.S (E&D) Rules 1999)the departmental representative sent a junior clerk, Mr. Pervaiz Akhter, with

my personal file.

Your Lordship, you can see:

i) I was ill.ii) Inspite of that I was ready to go wherever I was being sent but was being stopped by

the Bahawalpur Health Authorities.

iii) And the respected Secretary Health Govt. of the Punjab Dismissed me from serviceon the charge of willful absence from duty w.e.f 11-11-1999.

Your Lordship, is it not INCREDIBLE? Is it not cruel and hostile attitude of the

authorities? Why should so senior officers as the Director Health Bahawalpur (a

20 grade Officers close to retirement) and the Secretary Government of The

Punjab (again a 20 grade senior officer) wanted to FIRE a 40 year old medical

Graduate? Why Manzar Hayat (CSP) calls me frequently these daysto say SORRY

specially in the last 2-3 years when most of my K.E.M.C class fellows have come

to know about this under the belt blow given to me by Manzar Hayat CSP?

(B)Your Lordship, now I come the second part of the charge/charges against me thatis non compliance of transfer order.

Sir, the first point of the Dismissal from Service order dated June 13, 2001 of the

then Secretary health Mr. Shahid Hussain Raja Sahib reads: No S.O (C.III) K-3/99

whereas Dr. Khalid Mehmood, Medical Officer, BHU Goth Mehrab, Distt. Bahawalpur

was proceeded against under the provisions of PCS (E & D) rules 1999 on the charge

of misconduct i.e willful absence from duty w.e.f 11-11-1999 / non compliance of

transfer order.


15/125


Non compliance of which transfer order I have been charged with? Is it the

Director Health Bahawalpur Order dated December 31, 1998? If it is, then how can I

be punished for the so called Non-compliance of this Director Health Bahawalpur

December 31, 1998 transfer order (which was also against the Govt. of the Punjab

order dated 03-08-1995) under the PCS (E & D) rules 1999 which came into force on

June 21, 1999?

Your Lordship, this very fact makes the Secretary Health Punjab Dismissal from

service order dated 13-06-2001, ILLEGAL, ILLICIT as my lawyer also mentioned this

fact verbally as well as in writing before member PST calling this 13-06-2001

dismissal from service order UNLAWFUL. In fact this is incredible and unbelievable

that so senior persons as the Secretary Health Punjab and the member PST did not

take this fact into account for reasons best known to them or Almighty Allah or Irefer to the PREAMBLE of this appeal / application to your honor. Even the

honorable Judge of Lahore High Court on 09-03-2009 called my request

REASONABLE and DIRECTED the concerned authorities to make decision on my

appeal dated 12-07-2001 to the Secretary Health Punjab and 20-08-2003 to the

Chief Secretary Punjab (Honourable Lahore High Court Order dated 09-03-2009 is

attached herewith-07).

Your Lordship, the Secretary Health, Punjab punished me under PCS (E & D) Rules

1999 in his order dated 13-06-2001 on the charge of misconduct i.e willful absence

from duty w.e.f 11-11-1999 / non compliance of transfer order without mentioning

the TRANSFERRING AUTHORITY and without mentioning the DATE OF THE TRANSFER

ORDER.

When the Secretary Health Punjab wrote the letter in compliance of the orders of

Honorable Lahore high court Lahore dated 09-03-2009, the charge against me is /

was (I quote) (S.H. Punjab letter dated April 03, 2009 is attached here with-03) 2.

Dr. Khalid Mahmood was proceeded under PCS (E & D) rules 1999 on the charge of

willful absence from duty with w.e.f 11-11-1999 Similarly, the very first

sentence of the senior Law Officer under the heading of PRELIMINARY OBJECTIONS

of the Report and Comments on behalf of the secretary Health Punjab and the Chief

Secretary, Punjab sent to member PST in 2009 reads. the Penalty of dismissal from

service under (E & D) rules 1999 was imposed upon appellant on the charges of


16/125


unauthorized absence vide order dated 13-06-2001. (The Senior Law Officers

report and comments on behalf of the Secretary Health, Punjab and the Chief

Secretary, Punjab are attached herewith- 04).

My Lord, while on one side the S.H Punjab and the SLO (of the Health Departmenton behalf of the S.H. Punjab and the C.S. Punjab) HALVED the charges against me in

2009 (i.e did not mention non compliance of transfer order as was done in 13-06-

2001 Dismissal from service order by the then S.H Punjab), on the other hand, they

have committed CONTEMPT OF COURT by calling my appeal TIME BARRED after the

Honorable Lahore High Court had called my request REASONABLE and DIRECTED the

concerned to decide my departmental appeals. In fact, they, specially the S.L.O of

the health department MISGUIDED and CONFUSED the respected member PST by

writing irrelevant stories of 1995 - having nothing to do with the charges againstme. I will be taking up this point i.e Partiality And Ill Will And Misguidance of

departmental authorities specially the Senior law Officers (as is evident in the report

and comments on the behalf of the Secretary Health, Punjab and the Chief Secretary.

Punjab sent to respected member PST) when I come to the judgment of member

PST. In fact, as the judgment of the member PST is based primarily on what

Departmental Authorities wrote i.e the S.L.Os report and comments and the

original order dated 13-06-2001 as well as the Secretary Health, Punjab letter

written in compliance to honorable LHC order in 2009, I most humbly and

respectfully say that the respected member PST has also committed CONTEMPT OF

COURT. (As he followed the Departmental Authorities WRONG AND UNLAWFUL

point of view instead of giving any weight to MY STAND which has been declared

REASONABLE by the Honorable Lahore High Court Lahore).

My Lord,

As far as I can make out, I cannot be punished for non compliance of a transfer

order" (which, I guess, is dated December 31, 1998. NO DATE OF THE TRANSFER

ORDER IS MENTIONED IN THE DISMISSAL FROM SERVICE ORDER DATED 13-06-2001)

EVEN IF IT WERE TRUE (while it was not) under PCS (E & D) rules 1999 which came

into FORCE / BIRTH on June 21, 1999. The Director Health, Bahawalpur transfer

order dated December 31, 1998 was received by me in early January 1999. I

appealed against this order on January 15, 1999. Later I fell ill (hemorrhoids and anal


17/125


fissure for which I had undergone surgery also). My illness was intensified and my

condition got worse due to the cruel and unsympathetic attitude of Bahawalpur

Health Authorities. I got medical docket for medical treatment from Director Health,

Bahawalpur and in fact remained admitted in a Government Hospital for some time

and this was all known to Bahawalpur Health Authorities.

My Lord,

The charge of non-compliance of a dateless transfer order (which I guess is the

Director Health, Bahawalpur transfer order dated December 31, 1998) factually goes

against the authority which levelled or used it against me as this transfer order of

Director health, Bahawalpur was NOT ONLY against the Secretary Health, Punjab

order dated 03-08-1995 BUT ALSO against the general Government policy as of

course our beloved Government never wanted a youngman to remain buried in

road-less, water-less, electricity-less, rural area FOR GOOD. Our Government did

have some rules, at least on paper, which asked of the Government to send fresh

Medical Graduates to rural areas for 2-3 years and not FOR GOOD. This rule of

serving in rural areas for 2-3 years never applies / applied to sons / daughters of

CSP Officers / Army Officers / otherwise BIG GUNS who call the shots in our

unfortunate country.

Probably due to these reasons (and also because I had been ill in fact forced

into illness due to this cruel attitude of the authorities) this charge of non

compliance of transfer orders was NEITHER mentioned in the Secretary Health,

Punjab letter dated April 03, 2009 (written in compliance of the orders of honorable

Lahore High Court Lahore dated 09-03-2009 passed in my writ petition) NOR by the

senior law officer of the Health Department in his Report and comments on behalf

of the Secretary Health, Punjab and the Chief Secretary, Punjab sent to the Member

PST in 2009. As the VERY MENTION of this December 31, 1998 order makes the

Dismissal from service order dated June 13, 2001 Unlawful and Illegal.

POINT-2: (of Dismissal from service order dated 13-06-2001)

As far as point 2 of The dismissal from the service order of the

Secretary Health Govt. of the Punjab dated 13-06-2001 is concerned my

submissions are as under:


18/125


The first sentence of this point 2 is a statement of a fact. As far as the second

sentence of this point 2 is concerned, it is not onlyLINGUISTICALLY wrong and

confusing but also full ofFALSEHOOD and is INCORRECT.

The letter of the Director Health Services Multan (my inquiry Officer) dated 10-05-2000 (attached herewith-18) is my best DEFENSE (as far as this point 2 is

concerned) in which the enquiry officer has admitted that I gave my defense

on 27-12-1999 again on 03-01-2000 and again on 30-03-2000. I received the

charge sheet dated 16-12-1999 by post and appeared before the inquiry

officer (the Director Health, Multan) on 27-12-1999 as asked by him and

gave my defense verbally as well as in writing (as admitted by the enquiry

officer in his letter dated 10-05-2000). The enquiry officer letter dated 16-12-

1999 i.e. my charge sheet was received by Bahawalpur Directorate on

December 23, 1999 (16-12-1999 letter attached showing receipt date by

Bahawalpur Health Directorate as 23-12-1999- 19a,b). But the Departmental

Representative LIED in his letter (attached herewith- 20) dated January 24,

2000 to the Inquiry Officer that as inquiry Officer letter dated 16-12-1999 was

not received by him in time, he could not come to Multan on 27-12-1999.

Your lordship, this was a LIE and a serious one at that as according to PCS

(E & D) rules 1999 Departmental Representatives presence during inquiry

proceedings is a MUST Story is not complete as yet, your lordship. The

Director Health Bahawalpur ordered me to receive 16-12-1999 letter (i.e. my

charge sheet) of the inquiry officer on 04-01-2000 for the second time

attached herewith - 21) inspite of my telling and explaining to him that I had

not only received the 16-12-1999 letter of the inquiry officer by post, but had

also gone to Multan and had seen him and given my defense verbally as well

as in writing on 27-12-1999. To which the Director Health Bahawalpur casually

replied, It is just a routine formalityjust to fill the files. The Director Health

Bahawalpur letter dated 06-01-2000 (attached herewith-22) to the inquiry

officer shows that to get inquiry officer charge sheet dated 16-12-1999

received by me on 04-01-2000 was NOT A ROUTINE MATTER but part of A


19/125


VICIOUS PLANNING AND CONSPIRACY to cover up the incompetency of

Bahawalpur Directorate and Departmental Representative and paving the way

for The Departmental Representative to write the letter dated January 24,

2000 IN WHICH THE DEPARTMENTAL REPRESENTATIVE LIED. (Attached

herewith- 20).

I am sure, YOUR LORDSHIP must have seen through by now the conspiracy of

Bahawalpur Health Authorities (The Departmental Representative as well as The

Director Health Bahawalpur Dr. Fazal Mahmood). From the very start of the

inquiry proceedings, they had been LYING to me as well as to the inquiry officer.

According to PCS (E&D) rules 1999 (under which my inquiry was supposed to have

been conducted and later I was punished) THE AUTHORITY while sending the

record to the inquiry officer / inquiry committee shall appoint a SUITABLE

OFFICER to act as a Departmental Representative. The Departmental

Representative is supposed to be personally present fully prepared with all the

relevant material on which the charge sheet is based.

Your Lordship, in one letter dated 24-01-2000 (that I could find when given

limited access to my personal file by the Director Bahawalpur on 07-09-2006-

attached herewith-23) the Departmental Representative LIED. The other letter is

dated 14-03-2000 (attached herewith-17) according to which he sent my

personal file to the inquiry officer through Mr. Pervaiz Akhtar, a Junior Clerk and

the contents of the letter speak of the Departmental Representatives prejudice

against me. Sir, the SIGNATURES are also not same on these two letters (i.e. letter

of Departmental Representative dated 24-01-2000 and 14-03-2000 both are

attached herewith- 20, 17).

My Lord, Your goodself can see how SUITABLE the departmental

representative was a liar, a cheat and an ignorant person as far as PCS (E&D)

rules 1999 are concerned. In letter dated 14-03-2000 to inquiry officer the

Departmental Representative wrote. I QUOTEAccording to the standing Medical

Boards report dated 25-11-1999, at present he (I, i.e Dr. Khalid Mahmood) has no

disease so he is fit to resume duty when the actual position is apposite. As far as


20/125


I, a medical Doctor understand, not even the King / Queen of England can

disagree with the Medical Board Certification of a teaching hospital medical board

headed by the MEDICAL SUPERINTENDANT what to talk of Departmental

Representative an administrative person of 17-18 grade.

My Lord, Your goodself must have, by now seen the NAKED PREJUDICE of

Department representative and his Boss , The Director Health Bahawalpur against

me for reasons best known to them or Almighty Allah or I refer to preamble of my

this application / appeal.

My Lord, the fact of the matter is: the Bahawalpur Health authorities never

wanted me to join duty as is clearly seen in letter dated 14-03-2000 (the letter of

the Additional Director Health Bahawalpur the Departmental Representativeto inquiry officer the Director Multan attached herewith -17). In fact this

attitude of the Director Health Bahawalpur and the Departmental representative

had already made me ill and depressed again (Medical certificates attached- 24-

30). I applied for medical docket to the Director Health Bahawalpur who instead

wrote to the Secretary Health, Punjab a letter dated 28-08-2000 (attached

herewith-13) requesting the Secretary Health, Punjab that MEDICAL DOCKET FOR

INVALIDATION to MS. B.V.H Bahawalpur be issued as I was not at the disposal of

Bahawalpur Health Directorate. Why should the Director Health, Bahawalpur

want a 40 year old (EX- ABDALIAN & EX- KEMKOLIAN) to be declared invalid

instead of asking and encouraging him to join duty after being declared FIT TO

RESUME DUTY by the MS B.V. Hospital Bahawalpur on 25-11-1999? THIS, the

Director Health, Bahawalpur was asking the Secretary Health, Punjab while I was

not at his disposal according to his own letter to the Secretary Health, Punjab

dated 28-08-2000. WHY?

Sir, I can only make a guess that such type and kind of cruel and prejudicial

attitude of the Director Health Bahawalpur and his Departmental Representative

was because Manzar Hayat (B.Sc CSP) wanted this. (Kindly refer to the

preamble). In fact, Manzar Hayat has admitted this in front of a few class fellows

that he was behind this and has been making calls to me recently to say SORRY


21/125


(very convenient word to get away with the cruel deeds done to me at 40 and

then saying sorry when I am 51). And this SORRY is NOT even sincere, Sir, as I

know Manzar Hayat. This is because a good Number of our class fellows at Cadet

College Hasan Abdal and at King Edwards Medical College Lahore have come to

know what under the belt, vicious blow Manzar Hayat gave me and also because

of the PRESENT INDEPENDENT HIGHER JUDICIARY.

POINT: 3 (of the dismissal from service order dated 13-06-2001)

My lord, as far as point: 03 of the Dismissal from service order of the

Govt. of the Punjab (dated 13-06-2001) is concerned, my submissions are as

under:

I was Not served with any notice by OR from the Secretary Health Punjab.

The Secretary Health, Punjab must have served the show cause notice through

press as he wrote in 13-06-2001 Dismissal From Service order. BUT why did he

have to serve the notice through press when he had already done it or got it done

otherwise? And why did the Secretary Health, Punjab chose the Daily Business

(date 13-10-2000) - an unheard of paper specially in the Medical Community of

Bahawalpur to serve Show cause notice to a doctor who, he knew, was ill and

single and was lying in a doctors hostel room (through my letters in reply to his02-09-2000 and 26-09-2000 letters in which he called me for personal hearing on

13-09-2000 and on 07-10-2000 respectively. The photocopies of these letters

attested by my doctor Prof. of Surgery Dr. Abdul Manan Babar (FRCS, FCPS) are

attached herewith (31-32). As a matter fact, the Director Health, Bahawalpur also

informed the S.H.PB. about my ILLNESS in his letter to the Secretary Health,

Punjab dated 25-08-2000 (Photocopy attached- 13) which I am sure, the

Secretary Health must have seen before 13-10-2000--when his good self used the

Daily Business to serve show cause notice to me through press.

My Lord,

Before coming to my meeting with the respected Secretary Health Punjab

on 14-12-2000 (according to his written order when he was nice enough to call


22/125


me in his office only to tell me that I was to come again in a couple of days as he

was busy then) and on 18-12-2000 which has some details, My Lord, I most

respectfully ask of Your goodself to read the Director Health, Bahawalpur letter

to the Secretary Health (No. 17-K/MO/5028-5029/Estt.dated 25-08-2000--

attached herewith- 13).

This letter NOT ONLY REBUTS this point BUT ALSO in fact rebuts the main

charge against me i.e willful absence from duty. In the FIRST paragraph of this

letter, it is clear that Disciplinary proceedings were under process on the charge

of willful absence from duty (THERE IS NO MENTION OF ANY TRASNFER ORDER).

In the SECOND PARAGRAPH, the D.H.BWP is admitting that I was REPEATEDLY

submitting applications to him for MEDICAL DOCKET (How could my absence be

willful then?) As far as the THIRD Para of this letter dated 25-08-2000 is

concerned, the Secretary Health, Punjab has been asked to issue Medical Docket

to me as I was not at the strength of the Bahawalpur Directorate. This Director

Health, Bahawalpur letter dated 25-08-2000 explains why I could not appear

before the Secretary Health, Punjab on 13-09-2000 and 07-10-2000 PLUS my

absence was NOT willful. Inspite of my illness I wanted to join dutyas this job

was my only source of income. But the D.H. BWP would NEITHER give me Medical

Docket to get medical treatment NOR would let me join duty-- saying I was not at

the strength of Bahawalpur Directorate. My Lord, this letter of the then D.H.BWP

(Dr. Fazal Mehmood) dated 25-08-2000 is no ordinary routine letter. It is hell bent

to get me FIRED.

My lord, The charge against me (as mentioned in the Secretary Health, Punjab

letter dated April 03-2009, written in compliance of Honorable Lahore High Court

order of 09-03-2009 and by the Senior Law Officer on behalf of the Secretary

Health Punjab and the Chief Secretary Punjab) i.e.wilful absence from duty w.e.f

11-11-1999has been (in my opinion) more than REBUTTED in this letter

specially the last Para which reads: It is, therefore, requested that Medical

Docket for invalidation to Medical Superintendent B.V Hospital BWP is to be

issued from your department (i.e by the Secretary health, Punjab from the


23/125


Secretariat) as the above named doctor (i.e. I, Dr. Khalid Mahmood) is not at the

strength of this Directorate now.(The Director Health Letter dated 25-08-2000

attached herewith-13).

Now I ask of your kind and wise self, My Lord, what could I (an ill person)do? The Director Health, Bahawalpur would NEITHER give me Medical Docket for

medical treatment NOR would let me join where he had transferred me against

the Govt. of the Punjab order dated 03-08-1995.In fact Dr. Fazal Mehmoood

(Director Health, Bahawalpur - a Senior 20 grade officer close to retirement), the

transferring authority of mine, was opposing me along with the Departmental

Representative and all the Bahawalpur Directorate and the Secretary Health,

Punjab dismissed me on the charge of willful absence. In my opinion, My Lord,

this letter of the Director Health, Bahawalpur supports my point of view that 13-

06-2001 Dismissal from Service order of the then Secretary Health Punjab Lahore

is ILLEGAL and UNLAWFUL -- as had been brought in the notice of member

Punjab Services Tribunal by my lawyer in black and white also.

My Lord,

Now I come to my meeting with the Secretary Health Punjab on 14-12-2000

(in compliance of his written order) and actual and detailed meeting on 18-12-2000 (receipt of PERMISSION to enter the Secretariat on

18-12-2000 is attached herewith -33) when the Secretary Health, Punjab did

grant me an interview/ personal hearing. I gave the Secretary Health, Punjab

photocopies of my MEDICAL CERTIFICATES as well as the Director Health,

Bahawalpur letter date 28-08-2000, informing him that while being ill, I had been

asking for medical docket for medical treatment, the D.H.BWP had written to the

Secretary Health, Punjab to issue Medical Docket for my INVALIDATION (at the

age of 40) to M.S B.V.H BWP instead of giving me medical docket for treatment,

writing I was not at the strength of BWP H. Directorate.


24/125


My Lord,

Is it not INCREDIBLE and UNBELIEVABLE that after this letter of the Director

Health Bahawalpur dated 28-08-2000, the Secretary Health, Punjab dismisses me

(an ill person whom D.H.BWP is NEITHER giving Medical Docket for MedicalTreatment NOR letting me join where he transferred me against the Govt. of the

Punjab order dated 03-08-1995saying I was not at the strength of BWP H.

Directorate) ON THE CHARGE OF WILLFUL ABSENCE FROM DUTY?

My Lord,

In 18-12-2000 personal hearing before the Secretary Health, Punjab I also

gave him the photocopy of the letter of Inquiry Officer (Multan Director Health)

dated 10-05-2000 attached herewith -18) in which the Inquiry Officer had

admitted that I gave my defence on 27-12-1999 again on 03-01-2000 and again

on 30-03-2000. I also brought in the notice of the Secretary Health, Punjab that

Departmental Representative had LIED in his letter dated 24-01-2000 (attached

herewith-20) in which he wrote to Inquiry Officer that he could not come to

Multan on 27-12-1999 as he had not received the inquiry Officer letter date 16-

12-1999 (My charge sheet) well in time while the Bahawalpur Health Directorate

had received the Inquiry Officer dated 16-12-1999 (i.e. my charge sheet) on 23-12-1999 (16-12-1999 letter attached with Bahawalpur Directorate stamp and

receipt date i.e 23-12-1999 -19-a,b,) I had also received it around 23-12-1999 and

had gone to Multan on 27-12-1999 and gave defense as has been admitted by the

Inquiry Officer in his letter dated 10-05-2000 (attached herewith-18).

My Lord, I also brought in the notice of the Secretary Health, Punjab that

the Director Health BWP (Dr. Fazal Mehmood) was trying to support and protect

the LYING departmental representative by writing a letter on 06-01-

2000(attached herewith - 22) to the INQUIRY OFFICER (after ordering me to

receive inquiry Officer letter dated 16-12-1999 on 04-01-2000 for the second time

in spite of my explaining the D.H. BWP that I had NOT ONLY received 16-12-1999

letter i.e. my charge sheet, of the inquiry Officer by post well in time go to Multan


25/125


on 27-12-1999 as required / ordered by the inquiry Officer BUT ALSO had already

given my defense as admitted by the inquiry Officer, the Director Health, Multan

in his letter dated 10-05-2000). Why did the Director Health, Bahawalpur do

this? To hide his incompetence / incompetence of his office? To support the

LYING and incompetent Departmental Representative?

My lord, I also brought in the notice of the Secretary Health, Punjab that

Departmental Representative LIED to the Inquiry officer in his 24-01-2000 letter

(attached herewith- 20). I also told the Secretary Health, Punjab that in 14-03-

2000 letter (attached herewith-17) to Inquiry Officer, the Departmental

Representative had the COURAGE to disagree with the decision of Medical Board

headed by the M.S. B.V. Hospital, BWP a teaching hospital. The Departmental

Representative sent to Inquiry Officer (The Director Health Multan) a junior clerk

(Mr. Pervaiz Akhtar) in his place. My lord, according to PCS (E&D) Rules 1999,

The Departmental Representative shall be personally present fully prepared with

all the relevant material on which the charge sheet is based. And the authority

while sending the record to the Inquiry Officer/ Committee shall appoint a

SUITABLE OFFICER to act as Departmental Representative to assist Inquiry Officer

/ Inquiry Committee.(PCS E&D rules 1999- attached herewith 58-69a,b,c.- 34

08 Leaves/15 pages)

My Lord, how could a LIAR and an IGNORANT person (Specially ignorant about

PCS (E&D) Rules 1999) be a SUITABLE OFFICER to be the DEPARTMENTAL

REPRESENTATIVE? If Your goodself sees the two letters written by the

Departmental Representative to the Inquiry Officer, Your goodselfSHALL find the

signatures are not same. (The two letters are attached herewith 17, 20). I SMELL

RAT, something FISHY FISHY and CHEATING here, too. It is upto Your goodself to

decide. But for me , it is INCREDIBLE to believe that a LIAR, a CHEAT and an

IGNORANT personat least as far as PCS (E&D) Rules 1999 are concerned, was

considered a SUITABLE Officer by the Secretary Health Punjab, The Director

Health Bahawalpur and Director Health Multan (the Inquiry Officer) to be the

Departmental Representative.


26/125


27/125


28/125


decided what / which papers I needed. 20-30 pages / leaves were not given to me

as according to the clerk they were confidential.

Your Lordship, I request Your goodselfto:-

(a). Order the Director Health Bahawalpur that the whole of my personal file be

given to me or the Honorable Court.

(b) Order the Director Health Multan (The inquiry officer) to give me or the

honorable court ENTIRE RECORD / MATERIAL pertaining to my enquiry

which formed the opinion, considered of course of the Secretary Health

Punjab.

(c) Kindly have a look again on the inquiry officer (The Director Health,

Multan) letter dated 10-05-2000 in which while admitting that I gave my

defense on 27-12-1999, 03-01-2000 and 30-03-2000, he asked of me why

did I not join duty after being declared fit to resume duty by B.V Hospital

Medical Board on 25-11-1999? Along with it, I ask of Your goodself to read

again the Director Health, Bahawalpur letter dated 25-08-2000 which

asked of the Secretary Health, Punjab to issue medical Docket to me as I

was not at the strength of Bahawalpur Health Directorate.

DID THE SECRETARY HEALTH SEE these letters before dismissing me from

service on the basis of his CONSIDERED OPINION? And if he did see

or if he did not, in both cases he has been guilty of KILLING a 40 year old

excellent student of Cadet College Hasan Abdal and a King Edwards Medical

College Lahore Medical Graduate and Killing on the basis of some wrong

and PREJUDICED INPUT (from the subordinates) which formed his opinion

considered opinion of course, as his goodselfwrote in 13-06-2001 DEATH(Black) Warrant.

My Lord, had the SECRETARY HEALTH, PUNJAB EXERTED a little bit, in true

sense of the word, he could not have signed the Dismissal from Service

order dated 13-06-2001 and imposed the major penalty on me for the


29/125


charges mentioned including non compliance of a DATELESS transfer

order and without mentioning the AUTHORITY which issued this order. How

could he be SO INCONSIDERATE while forming his CONSIDERED OPINION?

How could the government have such a CALLOUS ATTITUDE and kill a

K.E.M.C Lahore Medical Graduate so casually at the age of 40?

Point # 5 (of the dismissal from service order dated 13-06-2001)

My Lord, now I come to the FIRST SENTENCE of the last point 05 of

the 13th

June, 2001 dismissal from service order. The authority (the then

Secretary Health Punjab, Mr. Shahid Hussain Raja Sb.) has punished me

under Rule 4(1)(b)(iii) of Punjab Civil Servants (E&D) Rules 1999 which is

COMPULSORY RETIREMENT and NOT DISMISSAL FROM SERVICE. Iam ALMOST sure that the Secretary Health, Punjab must have asked

some Junior Clerk to write and prepare my DEATH WARRANT i.e.

dismissal from service order dated 13-06-2001.

The SECOND SENTENCE of this point 05 is: The period of his absence w.e.f.

11-11-1999 has been decided as unauthorized absence from duty

My Lord, this again is not FAIR and CORRECT. I have already rebutted

this in point 01 earlier. The fact is I had been going to the Director Health

Bahawalpur Office inspite of ill health (i.e. Hemorrhoids, Anal Fissure etc.

medical certificates of Professor of Surgery are attached herewith 24-30.

The Director Health Bahawalpur letter dated 25-08-2000 is also attached

here with-13). I appeared before the B.V Hospital Bahawalpur Medical

Board (as ordered by the then Director Health Bahawalpur). I was declared

FIT TO RESUME DUTY on 25-11-1999 (certificate dated 26-11-1999 of the

Medical Superintendent, Bahawal Victoria Hospital Bahawalpur is attachedherewith-16).

My Lord, instead of receiving a posting order, I received an order to appear

before the Inquiry Officer the Director Health Multan (Govt. of the Punjab

order dated 30-11-1999 received by me in early December, 1999 is


30/125


attached herewith 36). I complied with the order and appeared before

the inquiry officer as required / ordered by him in his SHOW CAUSE

NOTICE dated 16-12-2000. In fact, the Departmental representative of the

Director Health Bahawalpur had not come (all about the inquiry

proceedings have already been explained by me while REBUTTING point

02 earlier).

My Lord, here again I refer to the Director Health Bahawalpur letter dated

25-08-2000(attached herewith-13). in which the Director Health

Bahawalpur wrote to the Secretary Health Punjab that I was not at the

disposal / strength of Bahawalpur Health Directorate. The Director Health,

Bahawalpur would NEITHER give me Medical Docket for Medical Treatment

NOR let me join where he wanted and the WORTHY Secretary Health

Punjab dismissed me, a 40 years old ill person, ON THE CHARGE OF WILFUL

ABSENCE FROM DUTY W.E.F. 11-11-1999.

My Lord, the fact of the matter is: the Bahawalpur Health Authorities as

well as the then Secretary Health Punjab have made me SUFFER for the SO

CALLED, UNPROVEN CRIME of which I am INNOCENT. Kindly INTERVENE

and help me. I thank Your goodself in anticipation.

My Lord, kindly INTERVENE and save me. I am 51 now. I assure your

lordship, I will not let anybody come between my patient and my self. I will

always remain only a GOD-FEARING MAN for good come what may (Insha-

Allah).

My Lord, After receiving the "Dismissal Form Service" order dated June 13,

2001. I appealed to Secretary Health Government of Punjab 0n July 12,

2001(attached here with- 05). to revisit my case as I believed that the decision

was made on the basis of wrong and prejudicial input from the Director Health

Bahawalpur and the Director Health Multan (The inquiry officer). But there was

no reply. Later I made a similar appeal to the Chief Secretary, Government of

Punjab on 20-08-2003, (attached herewith-06) but again I never received any


31/125


reply. Due to ill health depression and lack of funds (my monthly pay had been

stopped in the middle of 1999) that was all I could afford to do at that time.

MY LORD, later with the help and encouragement of a few friends, I sent a

reminder to the Chief Secretary Punjab (attached herewith-35a,b) for the

decision of departmental Appeals/representations lying pending since 12-07-2001

and 20-08-2003. But again there was no reply. After that I went to the LHC,

Bahawalpur Bench, Bahawalpur (W.P No. 1160/2009 Khalid Mehmood versus the

Chief Secretary Punjab and the Secretary Health, Government of Punjab). The

honorable High court DECLARED my request reasonable and directed the

concerned to decide the departmental appeal/s (Lahore High court Bahawalpur

Bench order Dated 09-03-2009 as attached herewith-07) lying pending since 12-

07-2001 and 20-08-2003.

2. My LORD,

As far as the letter of the Secretary Health (Mr. Anwar Ahmad Khan) Govt. of

the Punjab [(No. SO(South)955/R/87] dated April 03, 2009,(attached herewith -

03) written in compliance of the order of Honorable Lahore High Court Lahore

dated 09-03-2009, passed in my Writ Petition No. 1160/1009/BWP, is concerned,

my submissions are as under:

(i) The respected Secretary Health Punjab is guilty of CONTEMPT OFCOURT by calling my request time barred particularly/specially after

Lahore High Court, Bahawalpur Bench, Bahawalpur order dated 09-03-2009

which after declaring my request REASONABLE, DIRECTED the Concerned

authority / authorities to decide my departmental appeal / appeals.

(ii) In point 2 of this letter of the Secretary Health (written in complianceof the orders of Honorable Lahore High Court dated 09-03-2009) dated

April 03, 2009, the respected Secretary Health Punjab HALVED THE

CHARGES against me i.e. NON-COMPLIANCE OF TRANSFER ORDER is NOT

THERE probably because the transfer order of the Director Health


32/125


Bahawalpur was against the Govt. of the Punjab order dated 03-08-1995.

The Secretary Health, Punjab was probably EITHER in a great hurry OR TOO

CASUAL while issuing 13-06-2001 Dismissal from Service order (MY

DEATH WARRANT) and punished me under the provision of PCS (E&D) rules

1999 on the charge of misconduct i.e. willful absence from duty w.e.f 11-

11-1999 / non compliance of transfer order. Which transfer order? The

transfer order of the Director Health, Bahawalpur dated December 31,

1998? If it was, the DISMISSAL FROM SERVICE ORDER becomes

UNLAWFUL and ILLICIT as far the so called non- compliance of the Director

Health Bahawalpur transferred order dated December 31, 1998, I cannot be

punished under PCS (E&D)Rules 1999 which came into BIRTH / FORCE on

June 21, 1999. The Secretary Health, Punjab had been wiser in April 2009 asthe VERY MENTION OF A DATE LESS or December 31, 1998 TRANSFER

ORDER MAKES the 13-06-2001 dismissal from service order of the then

Secretary Health Punjab UNLAWFUL, ILLICIT.

(iii) My Lord, There is nothing really WORTH rebutting in this letter of the

worthy Secretary Health, Govt. of the Punjab. Anyway I am attaching

photocopies of pages 66-67 (CONTAINING CHAPTER-IV-APPEALS,

REVISIONS ETC.34) of Punjab Civil Servants (E&D) Rules 1999, (under

which I was punished). I am doing this because: the respected Secretary

Health, in April 2009, probably did not see.

a. My appeal to the Secretary Health Govt. of the Punjab dated 12-07-2001 (attached herewith-05).

b. My appeal to the Chief Secretary Punjab dated 20-08-2003. (attachedherewith -06)

c. My dismissal from service order dated 13-06-2001 which wasissued by the then worthy Secretary Health Govt. of the Punjab, NO

LESSER AUTHORITY, so the question of appealing in 30 days (or

within the stipulated period under rules as written by him) is NOT


33/125


RELEVANT in my case ALTHOUGH my representation / appeal to the

Secretary Health was within 30 days i.e. on 12-07-2001. The

Dismissal from service order of13-06-2001, was received by me in

early July 2001. The Bahawalpur Health Directorate received this

letter on 04-07-2001 (attached herewith -02).

My Lord,

It is ALSO INTERESTING to note that the respected Secretary Health,

Punjab has charged me on April 03, 2009 in his letter written in

compliance of the Honorable Lahore High Court, Lahore order dated

09-03-2009 in the following words.

2. Dr. Khalid Mahmood was proceeded under PCS (E&D) Rules, 1999

on the charge of willful absence from duty w.e.f. 11-01-1999.

While in the ORIGINAL ORDER dated 13-06-2001 I was charged with

willful absence w.e.f. 11-11-1999 and a DATELESS TRANSFER

ORDER. I am REALLY AFRAID to comment on this carelessness /

casualness / ruthlessness of those at the HELM OF AFFAIRS? Do they

not EVEN READ before SIGNING a DEATH WARRANT i.e., a dismissal

from service order?

d. And last BUT the MOST IMPORTANT point is: the Honorable LahoreHigh Court Lahore, had declared my request REASONABLE and

DIRECTED the concerned to MAKE A DECISION. Instead of obeying

the order of Lahore High Court Bahawalpur Bench, the Secretary

Health called the request time barred (contempt of court).

3. MY LORD,

After receiving the Secretary Health Punjab letter dated 03-04-2009,I went to

Punjab service tribunal (through my Lawyer Mr. Muhammad Akhtar Munir

Pirzada-my learned council). Here is the rebuttal of the decision of Member

Punjab Services Tribunal.


34/125


My Lord, the judgment of the Member Punjab Service Tribunal, Lahore which

was announced on 10-12-2009 in following words:

I think this was, My Lord, a VERY CRUDE and RIDICULOUS statement of the

Respected Member PST after a trial that was a TRAVESTY OF JUSTICE. As far

as I know from GENERAL KNOWLEDGE and COMMON SENSE, cases are opened

even after the DEATH of an APPELLANT/ACCUSED/CRIMINAL. And my case is NO

ORDINARY case, your lordship. If justice, in the true sense of the word is done in my

case, this will NOT ONLY be in my benefit, BUT ALSO be like SETTING AN EXAMPLE for the

CRUEL DE-FACTO/UNJUSTIFIED RULING CLASS of our UNFORTUNATE Country i.e. the

BUREAUCRACY. At the age of 51 - suffering from depression - I may not be able toconquer the world, but our nation shall INSHALLAH be BENEFITED if the BUREAUCRACY

of our UNFORTUNATE country is REIGNED and made to behave-as they should-like

SERVANTS of the people of our unfortunate country IF justice is done in the true

sense of the word. Hazrat Ali once said:

My Lord, how true is this today! Only the DEMOCRATIC states with GOOD JUSTICE

SYSTEM are the leading, prosperous and SOVEREIGN States / Nations in the

world. While our unfortunate country created in the name of Almighty Allah

supposed to be PAK-stands where today? Who could know better than your

goodself- the most Respected and Brave Judge of the World today- who had the

GUTS to defy an Army General in Uniform-an UNHEARD OF PHENOMENON in our

unfortunate country? My Lord, the people of Pakistan have been treated in a

worse and more cruel way by our PAK BUREAUCRACY than they were treated by

the ENGLISH before PARTITION in August 1947.

My Lord, I come back to the respected member Punjab Service Tribunal verbal

announcement of the judgment in my case on 10-12-2009.


35/125


This TIME BARRED accusation (though incorrect) was leveled and used against me

by the Secretary Health Punjab in his letter dated April 03, 2009 (written in

compliance of the orders of Honorable Lahore High Court Lahore dated 09-03-

2009) as well as later by the Senior Law Officer (SLO) of the Health Department

on behalf of the Secretary Health Punjab and the Chief Secretary Punjab sent to

Punjab Service Tribunal Lahore in 2009. This TIME BARRED accusation is / was

NOT ONLY INCORRECT but also amounts to CONTEMPT OF COURT after the LHC

order of 09-03-2009 that DECLARED my request REASONABLE and ordered the

concerned to decide my departmental appeals.

My Lord, although my appeal / request to REVISIT MY CASE to the Secretary

Health Punjab was within 30 days (date on the dismissal from service order is 13-

06-2001. I received it in early July 2001. My appeal to the Secretary Health Punjab

is dated 12-07-2001). BUT this was not RELIGIOUSLY / NECESSARILY required

according to the Punjab Civil Servants (E&D) rules 1999 as the AUTHORITY in my

case is/was the Government herself-the respected Secretary Health Govt. of the

Punjab. Photocopy of CHAPTER-IV APPEALS, REVISION ETC. of Punjab Civil

Servants (E&D) Rules 1999 is attached herewith 34 . The Rule 15 of this

CHAPTER IV READS:

APPEAL AGAINST PENALTY:

Any civil servant on whom a penalty has been imposed under these rules

EXCEPT WHERE THE PENALTY HAS BEEN IMPOSED BY THE GOVERNMENT (as is

true in my case), may within 30 days of the date of the communication (not the

date on the order) of the order, appeal to such authority as may be prescribed

Provided that, if the appellate authority is satisfied that there is sufficient ground

for extending the time, it may entertain the appeal at any time.

My Lord, WHICH APPELLATE AUTHORITY IN THE PUNJAB is higher than the High

Court Punjab Lahore? And which GROUNDS are more sufficient than the MEDICAL

GROUNDS-supported by the certificates of Professor of Surgery of a Government

Teaching Hospital? The Director Health Bahawalpur letter dated 25-08-2000


36/125


37/125


the Govt. may, in its discretion, exercise any of the powers conferred on the

Appellate Authority

My Lord, I am referring to the Report and comments on behalf of the

Secretary Health Punjab & Chief Secretary Punjab by Senior Law Officer (SLO)Government of the Punjab Health Department and also writing and attaching

P.C.S (E&D) Rules 1999 BECAUSE when I received the written judgment of

Member PST Lahore, I was SHOCKED AND TAKEN ABACK to find how the member

PST almost BLINDLY followed the IGNORANCE of the Senior Law Officer of the

Punjab Health Department NOT ONLY regarding PCS (E&D) Rule 1999 BUT ALSO

about the law of the land in general which is better understood by An Average

Educated Person With Common Sense. I suppose, in fact, I believe that the SLO

must be a law graduate at least and this makes me even more confused and

baffled. The SLO has been guilty of CONTEMPT OF COURT. He misguided the

member PST, Lahore as the written judgment of Member PST Lahore is primarily

based upon this report of SLO. I shall be taking up this report and comments on

behalf of Secretary Health Punjab & Chief Secretary Punjab by the SLO when I

come to the written judgment. But just to give, your lordship, an idea how this

SLO tried and unfortunately succeeded in spoiling my case & misguiding member

PST, I want to give a few examples right now.

My Lord, the Senior Law Officer (SLO) doubted me and denied my claim to

being ill I QUOTE: the contention of the petitioner is nothing but a postscript

which is not on board. How could the SLO write such a rude sentence about a

Senior 17-grade doctor-who had already been asked by the Government to

provide a few papers so that he could be promoted in grade-18?While the fact of

the matter is:the SLO didnt study and know my case properly. Had he done so

he would have found the Director Health Bahawalpur letter dated 25-08-2000 to

the Secretary Health Punjab writing him that I was ill and I was repeatedly asking

for medical docket. Had the SLO read this letter he would, also have found the

HOSTILE ATTITUDE of the Director Health Bahawalpur who, instead of issuing

Medical Docket to me himself, was asking the Secretary Health Punjab to issue


38/125


Medical Docket as according to the Director Health Bahawalpur, I was not at the

strength of Bahawalpur Directorate. (letter dated 25-08-2000 of the Director is

attached herewith -13). And the SLO (if he had common sense) would have also

seen A FEW other facts in THIS VERY LETTER of the Director Health Bahawalpur to

the Secretary Health Punjab dated 25-08-2000.

i. I was asking for Medical Docket for getting medical treatmentii. The Director Health was writing to the Secretary Health Punjab that I was not

at the strength of Bahawalpur Directorate and was requesting the Secretary

for my INVALIDATION at 40. I think any educated person with a little bit of

common sense could see the Directors hostile attitude. The Director Health

Bahawalpur would NEITHER let me join NOR give me medical docket, saying Iwas not at his disposal/strength. Later in the dismissal order dated 13-06-

2001, One of the 02 charges against me, is absence during this period. And this

was, in fact, THE ONLY CHARGE against me-as has been written in the letter of

the Secretary Health Govt. of the Punjab dated April 03, 2009 written in

compliance of the orders of Honorable Lahore High Court Lahore order dated

09-03-2009. The first sentence of point 02 of this Secretary Health letter is; I

quote:Dr. Khalid Mahmood was proceeded under PCS (E&D) Rules 1999 on

the charge of WILLFUL absence from duty w.e.f. 11-11-1999. (the letter is

attached herewith- 03 ).

My Lord, again the SLO of Government of the Punjab Health Department in

his report and comments on behalf of the Secretary Health Punjab and the Chief

Secretary Punjab wrote in the very first sentence of PRELIMINARY

OBJECTIONS. I quote, The penalty of dismissal from service under E&D rules

1999 was imposed upon appellant (i.e. me, Dr. Khalid Mahmood) on the charges

of unauthorized absence vide order dated 13-06-2001

Your Lordship, I most respectfully and humbly BUT VEHEMENTLY DENY this

charge of unauthorized absence I was ill. I was asking the Director Health

Bahawalpur to give me Medical Docket. The Director Health Bahawalpur wrote to


39/125


the Secretary Health Punjab on 25-08-2000 requesting him to issue me medical

docket as according to the Director, I was not at his strength in fact this letter of

the Director Health Bahawalpur dated 25-08-2000 makes the Director health

Bahawalpur guilty of NOT ONLY not issuing medical docket to an ill person BUT

ALSO refusing to accept me to be at his disposalin fact, viciously stopping me

to join my duty that I wanted to do, if medical docket was not issued as the

monthly pay was my only source of income.

Your Lordship, an experienced, world renowned judge of your caliber must

have by now seen HOW CRUEL THE AUTHORITIES WERE IN MY CASE. Why? Why

did they want to destroy a 40-years old medical graduate of King Edward Medical

College, Lahore. Well, I have talked about this in the PREAMBLE. Now it is up to

YOUR GOODSELF to bring to book my killers and that CSP who was behind my

KILLERS.

My Lord, as a Medical Graduate of one of the best colleges of the region

(including India), I assure Your goodself that I CAN BE RESUSCITATED IF YOUR

GOODSELF INTERVENES. Please do intervene. I beg of you to intervene. Only

Almighty Allah above and Your goodself in our PAK country can come between

our cruel DE-FACTO MASTERS i.e. Bureaucracy and myself. Sir, I am crying and

looking to Your goodself as a man who is DROWNING, BUT he is seeing a very

brave and expert and kind swimmer / rescuer who could come and save me and I

am crying and shouting in a HOPE TO FETCH your kind attention. May Almighty ALLAH

help me, Amin.

My Lord,

Now I come to the written Judgment of the member Punjab Service

Tribunal. This consists of 05 signed pages. This was announced on 10-12-2009 inBahawalpur and the written judgment I got on 17-03-2010, again in Bahawalpur

when the member PST came to Bahawalpur on his 03-day monthly visit. The

judgment has 08 points.


40/125


The very first sentence of the judgment is FACTUALLY WRONG. I was not

proceeded against while I was posted as Medical Officer, Goth Mehrab, District

Bahawalpur. I had been at the disposal of the Director Health Bahawalpur in his

office since November 1998. (vide the Director Health Bahawalpur order 17-

K/MO/9601-9606/Estt., dated November 10, 1998 attached herewith-11). So I

had left Basic Health Unit Goth Mehrab in the middle of November, 1998-here

again I believe the respected Member PST Lahore had been misguided by the

Senior Law Officer (the last sentence ofA

under the heading of REPORT of

Report & comments on behalf of the Secretary Health Punjab & the Chief

Secretary, Punjab) while the rest of A is NOT ONLY irrelevant, having nothing to

do with the charges leveled against me BUT ALSO show the ill will of the Senior

Law Officer-for reasons best known to him which even confused the respectedmember P.S.T as is evident in point 03 on page 03 of the judgment of the member

PST (I shall be coming to that again when I come to point 03 page 03).

My Lord, The very first sentence of the written judgment of Member Punjab

Service Tribunal reads: Facts of the case are that while posted as Medical

Officer, Basic Health Unit Goth Mehrab District Bahawalpur, the appellant was

proceeded against by the Secretary Health Department Punjab-Respondent No. I

under Punjab Civil Servant (E&D) Rules, 1999 on the charge of misconduct on

account of willful absence from duty w.e.f. 11-11-1999 and non-compliance of

transfer order.

Your Lordship, this very FIRST SENTENCE of the judgment is NOT ONLY

INCORRECT BUT ALSO makes the judgment UNLAWFUL & ILLICIT as good or as

bad as the ORIGINAL ORDER of the Secretary Health, Punjab dated 13-06-2001

whose first point levels the same charges against me and I have already rebutted

the 13-06-2001 dismissal from service order of the then Secretary health Punjab

(Mr. Shahid Hussain Raja Sahib).

My Lord, FIRSTLY I was at the disposal of the Director Health Bahawalpur

since the middle of November 1998. The order of the Secretary Health Punjab

ordering me to appear before the inquiry officer (Multan Director Health) is dated


41/125


November 30, 1999 (attached herewith-36) when I was at the disposal of the

Director Health Bahawalpur, having nothing to do with Basic Health Unit, Goth

Mehrab. Of course, the Director Health Bahawalpur issued a transfer order dated

December 31, 1998 which I received in early January 1999 and on January 15,

1999 I appealed against it as this order of the Director Health Bahawalpur was

NOT ONLY against the Govt. of the Punjab order dated 03-08-1995 BUT ALSO

against the General Govt. Policy i.e. to make the fresh young doctors serve in the

rural areas for 2-3 years and I had completed more time than the required period

in the rural areas. Anyway the cruel and unsympathetic attitude of Bahawalpur

Health authorities made me ill and after getting medical docket from the Director

Health Bahawalpur, I was hospitalized also while at the disposal of the Director

Health Bahawalpur. Later I got fit to resume duty certificates from Sheikh ZaidHospital Rahimyar Khan where I was hospitalized as well as fit to resume duty

certificate from Bahawal Victoria Hospital, Bahawalpur, a teaching hospital on the

orders of the Director Health, Bahawalpur. (attached herewith 14-16)

My Lord, how can I be punished for non compliance of a transfer order

dated December 31, 1998 under PCS (E&D) Rules 1999 which CAME INTO BIRTH

on June 21, 1999. The date of the Director Health Bahawalpur order has NEITHER

been mentioned in the original dismissal from the service order NOR in the

judgment of member PST. None of these respected Senior Officers (The Secretary

Health, Punjab and the member PST) mentioned the Authority which issued the

transfer order. WHY?

Your Lordship, as a matter of fact, according to the Secretary Health Punjab

letter written in compliance of the orders of Honorable Lahore High Court, Lahore

dated 09-03-2009, the charge against me is: Dr. Khalid Mahmood was proceeded

under PCS (E&D) rules, 1999 on the charge of WILLFUL absence from duty w.e.f.

11-11-1999. Why did the Secretary Health Punjab not charge me with non

compliance of transfer order in this letter dated April 03, 2009?

Similarly why did the Senior Law Officer on behalf of the Secretary Health

Punjab and the Chief Secretary Punjab not mention non compliance of transfer


42/125


43/125

43 (Attached herewith 37do

Applic. to HCJ PAK

Documents

Transcript of Applic. to HCJ PAK