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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:mail@supremecourt.gov.pk 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 khalidmahmood13@gmail.com Dated 07-09-2011 PTO
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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 Government of the Punjab in the DISMISSAL FROM SERVICE ORDER DATED 13-06-2001
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(ATTACHED HEREWITH-2) and will (INSHAALLAH) prove it UNLAWFUL (based on 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 in compliance 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 is hostile 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
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1999 was imposed upon the appellant (i_e. on me) on the charge of unauthorized absence vide order dated 13-06-2001. (Attached here with_04). 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 and halved 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; 03-081995 (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 herewith09) 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.
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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 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 his judgment 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 in Bahawalpur. 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 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 General ADCG 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 (Aurangezeb wing 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 Scholarship was 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
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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: 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. Imran Rashid 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 2030 boys of our college in K.E.M.C Lahore each year.
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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 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 he insulted the Principal of the Govt.Girls College Bahawalpur BECAUSE the old lady called him BETA (the respected Principal probably knew Manzars Mother who
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was 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 senior politician (Mr.Hamza) during his FIRST POSTING as Assistant Commissioner in 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 medical technician / compounder level person) Manzar told me that Ishtiaq Naqvi had no self 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 0409-92 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 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 foulmouthed and known incompetent LSMF / Medical Technician / Compounder Ishtiaq 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 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.
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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 The Secretary Health, Punjab and The Chief Secretary, Punjab DECLARING 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 1306-2001 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, Dismissal from 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.
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(A) I have been accused of being willfully absent from duty while I was ill and the Bahawalpur 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 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 40 years 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
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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 to issue 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 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 service on 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?
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(B) Your Lordship, now I come the second part of the charge/charges against me that is 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. 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 I refer 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.
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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 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 Department on 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 13-062001 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 against me. 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 had 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 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: 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 only LINGUISTICALLY wrong and confusing but also full of FALSEHOOD and is INCORRECT. The letter of the Director Health Services Multan (my inquiry Officer) dated 1005-2000 (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 16-121999 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 formality just 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 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 07-09-2006attached 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 QUOTE According 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 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 Representative to 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- 2430). 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 (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 his 02-09-2000 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 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
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(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 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 1306-2001 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.
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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 18-122000 (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. 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 Medical Treatment 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 1612-1999 (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 2312-1999 (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 06-012000(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 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 14-032000 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
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/ 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 goodself SHALL 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. POINT: 4. (of the Dismissal from Service Order of the Secretary Health, Punjab dated 13-06-2001) My Lord, As far as the Point 4 of the Dismissal from Service order dated 13-06-2001 is concerned, my submissions are as under: The respected Secretary Health, Punjab formed OPINION--- considered, of course, as he wrotethat charges set forth against me--has (have) been proved beyond any doubt On the consideration of the recommendation of the Inquiry Officer and after consulting the entire record/material pertaining to this inquiry. The Secretary Health, Punjab is MOST probably referring to the INQUIRY mentioned in the SECOND SENTENCE (of point 02 of this 13-06-2001 order) which is not only LINGUISTICALLY INCORRET AND CONFUSING but also FACTUALLY WRONG as well. And I am CONVINCED I HAVE ALREADY REBUTTED it EXCELLENTLY. My Lord, I have used the words CONVINCED and EXCELLENTLY as the Dismissal from Service is a very SERIOUS and GRAVE matter for me and I cannot afford to be casual. My late father (Ex-Headmaster / Principal of various Govt.
High Schools in the Punjab) used to say, A government servant / officer dies TWICE. First time is when he retires, the second and final time is when he actually dies and ceases to breathe. My Lord, getting FIRED was like getting KILLED for me. Your goodself is the best judge but in my opinion / considered opinion it is not fair, right or correct TO KILL AN EDUCATED human being ex-excellent student of Cadet College Hasan Abdal and a MEDICAL GRADUATE of King Edward Medical College Lahore without being convinced of the crime he committed. What is opinion? (a belief or a view about somebody / something not necessarily based on facts) and what is considered opinion? Opinion formed after some thought. My Lord, MAJOR PENALTY of Dismissal from Service is / was synonymous to DEATH PENALTY for a person like me who comes of a family of Government Servants. My both grandfathers, my father, my brothers, their wives and my sister and her husband - all are / were in Govt. Service or in semi Government Institutions. I am sure Death Penalty is not awarded on the basis of opinion, no matter how considered the opinions are. My Lord, who could know better than
Your goodself that Honorable Judges
mostly cannot sleep for nights before awarding death penalty and they break the pen to openly show that they have/had done an unpleasant duty. How could the Secretary Health Punjab dismiss me (Kill me) so casually without being convinced of my crime - on the basis of opinion no matter how considered the opinion may be? Probably this is CSP style which has so brutally and arrogantly brought us and our nation / country on the BRIM OF DISASTER. My Lord, kindly forgive me for my emotional out-burst. But this is because of your goodnesss reputation a kind, daring, intelligent and world renowned judge who has the guts to see in the eye of an army general and refuse him an unheard of phenomenon in our unfortunate bureaucratic run country. If Your
goodself orders Manzar Hayat CSP and the then Secretary Health Punjab,
Director Health Bahawalpur, the Departmental Representative and the inquiry
officer in your presence, I am sure they shall breakdown in your presence by your intelligence and wisdom no matter how wickedly practical / pragmatic they might be and Your goodself shall definitely see (Insha-Allah) their faces and hands smudged with my blood. My Lord, I have not been given any ACCESS to my inquiry record / material. As a matter of fact my own personal file was not given or even shown to me as long as Dr. Fazal Mahmood was the Director Health Bahawalpur. When I applied to D.H. Bahawalpur in 2006 to let me have the photocopy of my personal file the Director health in 2006 first agreed. But the old clerk (who was there when Dr. Fazal Mahmood was D.H Bahawalpur) ran to Director Health Bahawalpur Room to have a secret meeting with him and without me after which I was asked to write an application (attached herewith -23) on which the D.H Bahawalpur wrote that the papers required by me be provided and the clerk 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 goodself to:(a). Order the Director Health Bahawalpur that the whole of my personal file be given to me or the Honorable Court. 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. 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
(b)
(c)
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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 goodself wrote 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 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. I am 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.
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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 attached herewith-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
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 transferred me 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.
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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 (InshaAllah). 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 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 1207-2001 and 20-08-2003.
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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 OF COURT 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 compliance of 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 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 1111-1999 / 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 transfer 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 as the 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 12-072001 (attached herewith-05). b. My appeal to the Chief Secretary Punjab dated 20-08-2003. (attached herewith -06) c. My dismissal from service order dated 13-06-2001 which was issued 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 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 of 13-06-2001, 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 Lahore
High 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. 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 to
conquer 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.
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 09-032009) 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 1306-2001. 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 (Inspite of all the ill will and prejudice against me) DID ALSO ADMIT that I had been REPEATEDLY asking for Medical Docket-in fact this letter ALONE (if read and considered with care and consideration towards a 40 year old medical graduate of King Edward Medical College Lahore - I was about 40 on 13-06-2001) makes the Secretary Health order dated 13-06-2001 ILLEGAL AND UNLAWFUL. My Lord, is it not the ignorance (about P.C.S (E&D) Rules 1999) of the S.L.O of the Health Department to write the following in PRILIMINARY OBJECTIONS (in the report and comments on behalf of the Secretary Health Punjab & the Chief Secretary Punjab sent to Punjab Service Tribunal attached herewith - 04) in November 2009?
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He (i.e. I, Dr. Khalid Mahmood) was required to file departmental representation / appeal before the Chief Secretary / Appellate Authority with in 30 days against the penalty imposed upon him but he filed no departmental appeal / representation at relevant time. To put before Your goodself the UTTER AND SHOCKING IGNORANCE of the Senior Law Officer (about PCS (E&D) Rules 1999 as well as the law of the land in general) who I believe influenced the judgment of the Respected Member PST almost completely which in itself is shocking at least for me, My Lord, I am going to write part of rule 16 and whole of rule 18 of CHAPTER IV APPEALS REVISION ETC of PCS (E&D) Rules 1999. (attached herewith also-34)pages 66-67 RULE 16 ------ (Petition / appeal) shall be filed with the authority or the Inquiry Officer who, as the case may be, passed the original order (which in my case was the Secretary Health Punjab). The authority or the Inquiry Officer, receiving the appeal, shall forward the same along with the comments within a fortnight to the appellate authority. WHILE THE RULE 18 READS: Where the original order has been passed by the Govt. (as it was in my case, the Secretary Health Punjab order dated 13-062001) no appeal shall lie, and instead, a review petition, shall lie to the Govt. and 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 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. ii. I was asking for Medical Docket for getting medical treatment 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 I
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was not at his disposal/strength. Later in the dismissal order dated 13-062001, 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 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 disposal in 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
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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 in Bahawalpur 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. 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 17K/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 of A 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 respected
member 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 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 Zaid
Hospital 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 order as a charge against me in his report and comments sent to member PST in 2009. The very first sentence of the SLO in his reports and comments on behalf of the Secretary Health Punjab and the Chief Secretary Punjab is: The penalty of dismissal from service under E&D rules 1999 was imposed upon appellant on the charges of un-authorized absence vide order dated 13-06-2001 Your Lordship, why the Secretary Health Punjab in his letter dated April 03, 2009 and the Senior Law Officer in his report and comments to the Member PST in 2009 NOT so much as mentioned the non compliance of transfer order as a charge against me? BECAUSE the very mention of Director Health Bahawalpur transfer order dated December 31, 1998 would make The 13-06-2001 dismissal from service order UNLAWFUL as I could not be punished for a SO CALLED CRIME
(non-compliance of the Director Health Bahawalpur transfer order dated December 31, 1998) under PCS (E&D) Rules 1999 which came into birth on June 21, 1999. My Lord, like the Secretary Health Punjab in his Dismissal from Service Order dated 13-06-2001 blurred the lines into grey area without any fear (of Almighty ALLAH or any rules or laws or any judiciary that was there in 2001) and thought / found OPINION and FACT interchangeable, the member PST also used the word of recommenced (i.e. to start again or start doing something again) and purporting (purport (v)-to claim or pretend to be something / to be intended to appear as something) for reasons best known to them. Dismissal from service order is / was a very serious and grave matter for me, in fact, a life and death matter. With due apologies, I do not like people deciding my fate and my life and death matters in a CASUAL WAY blurring things and thinking / finding opinions and facts interchangeable. My Lord, I was proceeded against by the Secretary Health Department Punjab vide November 30, 1999 order (attached herewith-36) wherein he ordered me to appear before the Inquiry Officer The Director Health Multan. As far as the rest of the first point of this judgment of member PST Lahore is concerned, I have already rebutted most of it earlier in my rebuttal of the Dismissal from Service Order of the Secretary Health Punjab dated 13-06-2001. As far as the Secretary Health letter dated 03-04-2009 (written in compliance of the order of Honorable Lahore High Court Lahore dated 09-03-2009) is concerned, this letter amounts to CONTEMPT OF COURT. BUT the respected member PST uses and quotes this letter when it goes against me calling my request TIME BARRED (Page 02, Point 01 of the member PST Judgment) while on Page 04, point 05 in the last sentences member PST writes .the plea of its filing is falsified by the fact that as reflected by the order dated 09-03-2009 passed by Honorable High Court in writ petition No. 1160/2009, the alleged departmental appeal had been filed by the appellant before Secretary Health Department Punjab and not before the Chief Secretary and accordingly directions were given by Honorable
Lahore High Court to the former (i.e the Secretary Health, Punjab) for decision of the same. It is also noteworthy that under the law/rules no appeal against the order of an authority lies before the same authority. (i.e. the Secretary health, Punjab). My Lord, this is INCREDIBLE! I really fail to understand which law/rules the respected member PST is talking and writing about. As far as I know PCS (E&D) Rule 1999 (CHAPTER IV APPEALS, REVISION ETC. attached herewith-34)
Rule16reads :.(a petition/appeal) shall be filed with the authority or the

Inquiry Officer, who as the case may be, passed the original order... As the ORIGINAL ORDER dated 13-06-2001 DISMISSAL FROM SERVICE order was passed by the Secretary Health, Punjab, my appeal / petition to revisit my case was to the Secretary Health, Punjab, (dated 12-07-2001attached herewith -05). Again the RULE 18 of the same CHAPTER-IV APPEALS, REVISION ETC. of PCS (E&D) Rule 1999 READS WHERE the original order has been passed by the Government. (as in my case) no appeal shall lie instead, a review petition, shall lie to the Government. and the Government may in its discretion, exercise any of the power conferred on the appellate authority. My Lord, this is exactly what I did i.e. applied/requested the Secretary Health Punjab who passed the 13-06-2001 dismissal from service order to REVISIT my case in my application dated 12-07-2001. If the member PST thought (as I understand) that in my particular case, the Chief Secretary, Punjab was the appellate authority, I most respectfully differ / disagree with him. I think he wrote sentence 04 and sentence 05 in point 5 of his judgment due to the wrong and false input and misguidance / misrepresentation of the Senior Law Officer in his REPORT & COMMENTS ON BEHALF OF THE SECRETARY HEALTH PUNJAB AND THE CHIEF SECRETARY PUNJAB. For example, in the above particular case, I QUOTE the Senior Law Officer Sentence No. 02 of PRELIMINARY OBJECTION: He (i.e. I, Dr. Khalid Mahmood) was required to file Departmental Representation / Appeal before Chief Secretary / appellate authority
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within 30 days against the penalty imposed upon him but he filed no Departmental Appeal / Representation at relevant time Your Lordship, this above sentence of the SLO though INCORRECT and FULL OF IGNORANCE but anticipating such things from high-ups as the Senior Law Officer in our unfortunate system and country, I did appeal to the Chief Secretary, Punjab also on 20-08-2003, which, according to the respected member PST, is TIME BARRED BY ALMOST TWO YEAR (sentence 03 and 04 of point 05 of the judgment). My Lord, the member PST wrote this in his judgment AFTER the Honorable Lahore High Court Lahore had declared my request reasonable and directed the concerned (the Secretary Health, Punjab and the Chief Secretary, Punjab the respondents in 09-03-2009 LHC order attached herewith-07) to decide my departmental appeals lying pending with them i.e. my appeal/request/petition lying pending with the Secretary Health Punjab since 1207-2001 and Chief Secretary Punjab since 20-08-2003 respectively.
Point # 2 (of the judgment of respected member PST) The respected Member Punjab Service Tribunal (member PST) wrote that comments on behalf of the respondents had been received by him and he had heard Mr. Muhammad Akhtar Munir Pirzada Advocate - my learned council.
Point # 3 (of the judgment of respected member PST) My Lord, point 03 of Member PST judgment sheet concerns with what, according to the Member Punjab Service Tribunal Lahore, MY LEARNED COUNCIL ASSERTED. My Lord, I most respectfully and humbly want to POINT OUT that the Member PST on one hand failed to note / appreciate a few assertions made by my lawyer, while on the other hand, hisgoodself got mixed up and confused what my lawyer had said or written with what the Senior Law Officer of Health Department (on behalf of the Secretary Health Punjab and Chief Secretary Punjab) wrote in his
reports and comments. For example, my appeal, a request to revisit my case, to the Secretary Health Punjab dated 12-07-2001 has not been mentioned here. It is not that Respected Member PST did not see this appeal to the Secretary Health Punjab dated 12-07-2001. He, in fact, NOT ONLY saw and read it BUT ALSO wrote about my this 12-07-2001 appeal to the Secretary Health Punjab (on page 04 point 05 of the judgment). I QUOTE ..as reflected by the order dated 09-032009 passed by Honorable High Court in writ petition No. 1160/2009, the alleged departmental appeal had been filed by the appellant before Secretary health Department Punjab and not before the Chief Secretary and accordingly directions were given by Honorable High Court to the former for decision of the same. It is also noteworthy that under the law/rules no appeal against the order of an authority lies before the same authority. How could the respected member PST write these above sentences? THIS IS UNBELIEVABLE and INCREDIBLE as they are against PCS (E&D) Rules 1999 (CHAPTER IV, APPEALS, REVISION ETC. Rule 15, 16, 18 in particular attached herewith -34-consists of 08 leaves/15 pages). Your Lordship, my Dismissal From Service order was passed by the Govt. (The Secretary Health Govt. of the Punjab). So, my request / appeal to REVISIT my case had to be to the Govt. (i-e- the Secretary Health, Punjab) and this has also been recognized by the Honorable Lahore High Court who did include the Chief Secretary Punjab as my lawyer had done, among the RESPONDENTS but the Honorable Lahore High Court ordered the Secretary Health Punjab to decide my case. In fact, I did go to the Chief Secretary Punjab first on 25-03-2009 and got Honorable Lahore High Court order received in his office by his receipt clerk Mr. Iqbal, on 25-03-2009. Later the Chief Secretary Punjab (Mr. Najeeb Bhutta) personally sent me to the Secretary Health Punjab who granted me an interview on 27-03-2009 and later issued the written letter dated April 03, 2009 which I got after about 23 weeks staying in a hotel room in Lahore. As a matter of fact, during this period i.e. from 27-03-2009 - to - when I got the Secretary Health April 03, 2009 letter in my hand, I went to the respected Chief Ministers place also on 16-04-2009. The Respected Chief Minister was in Islamabad. So I met Mr. Mian Muhammad Tariq, the Political Secretary and Coordinator of Chief Minister of
Punjab, who, after reading my application, marked and sent me to the Chief Secretary Punjab. I met the Chief Secretary Punjab who sent me to the Secretary Health Punjab. The application to the Chief Minister Punjab marked by his secretary and political coordinator and received by the Chief Secretary Punjab Office is attached herewith(37). My Lord, I come back to point 03 of the judgment sheet in which what my lawyer asserted is written about. YES! I did appeal to the Chief Secretary Punjab also on 20-08-2003 (attached herewith- 06) the contents of which were almost similar to those of my application to the Secretary health Punjab dated 12-07-2001(attached herewith-05). YES! I did write reminder to the Chief Secretary Punjab on 05-03-2009 (attached herewith-35,a,b) requesting his goodself for the decision of Departmental Appeals / Representations pending since 12-07-2001 and 20-082003. YES! I did file writ petition No. 1160/2009 through my lawyer. (Lahore High Court order is attached herewith- 07). Your Lordship can see WHOM the Honorable Lahore High Court Ordered. As far as I can understand, the Honorable Lahore High Court ordered the Punjab Government (Both the respondents the Chief Secretary Punjab and the Secretary Health Punjab). I went to Lahore personally and first met the Chief Secretary, Punjab,Mr. Najeeb Bhutta (on 25-03-2009) who PERSONALLY sent me to the Secretary Health Punjab. All these Senior Officers cannot be wrong, My Lord. Anyway as the member PST wrote in Point 03 that according to my lawyer the Honorable Lahore High Court ordered the Chief Secretary Punjab but the reply came from the Secretary Health Punjab, AM I TO BE BLAMED AND PUNISHED FOR WHAT I AM NOT RESPONSIBLE FOR? Why did the respected member PST not ask
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the Secretary Health Punjab or the Chief Secretary Punjab if ANYTHING against law / rules was done by them? My Lord, the first sentence on page 03 of point 03 i.e. Further submitted that the ground of non-appearance of the appellant taken by respondent No. 1 in his order dated 13-06-2001 was incorrect as the appellant had been appearing before him on various dates. My lawyer NEITHER wrote NOR said verbally anything like that YES! My lawyer DID ASSERT that I did go to the Inquiry Officer the Director Health Multan twice (as has also been admitted by the Inquiry Officer, the Director Health Multan in his letter dated 10-05-2000-attached- 18) and to the Secretary Health Punjab on 14-12-2000 as ordered by him in writing BUT being busy on 14-12-2000 the Secretary Health Punjab VERBALLY BUT PERSONALY asked me to come in a couple of days. On 18-12-2000 when hisgoodself granted me an interview (receipt of entrance in the secretariat is attached herewith 33), I brought in his notice that I did apply to the Director Health Bahawalpur to issue me medical docket for medical treatment. The Director Health Bahawalpur instead of issuing me medical docket, wrote to the Secretary Health Punjab requesting him to issue me Medical Docket as I was not at the strength of Bahawalpur Health Directorate (Director Health letter dated 28-08-2000 is attached herewith 13). This letter of the Director Health Bahawalpur, in fact, supports my point of view that the Bahawalpur Health authorities were prejudiced against me (as I have already mentioned in my appeal to the Secretary Health Punjab dated 12-07-2001 and appeal to the Chief Secretary Punjab dated 20-08-2003 as well as in the PREAMBLE of this application). In spite of ill health, the Bahawalpur Health Authorities NEITHER issued medical docket to me NOR would let me join in the remote village Basic Health Unit out of Bahawalpur District where the Director had transferred me against the Govt. of the Punjab order dated 03-08-1995 according to which I was to be posted in Bahawalpur District BUT, I being son of a dead Govt. High School Headmaster/Principal, in spite of being ill (Medical Certificates of Professor of Surgery attached 24-30) was prepared to go wherever the Director Health was posting me. BUT the Director Health Bahawalpur would not let me join. In fact,
the Director Health Bahawalpur was cooking and manufacturing charges against me, an ill 40 years old medical graduate of King Edward Medical College Lahore. Why did the Director Health Bahawalpur want to destroy my career and kill a Medical Graduate at 40 (I was about 40 then)? The Director Health Bahawalpur was a Senior of 20-Grade Officer who soon, thereafter, Retired from the same post. I have already written about this in the PREAMBLE. My Lord, the respected member PST also wrote in point 03 Also (my lawyer, my learned council) asserted that the appellant having been transferred from Sargodha on his own request, he joined at Bahawalpur and was posted to BHU Chishtian by Director Health Services Bahawalpur. Your Lordship, the respected member PST is CONFUSING the present 1999 case with what happened in 1995 when I was posted in Rahimyar Khan. The house was of an un-married lady doctor and I was 30-35 then. Law and order situation was not created by us. It was created by a couple of our relatives, who flared things up. The Honorable Judge understood and let me go. In fact that transfer order in 1995 was cancelled and I was again put at the disposal of Bahawalpur Health Directorate by the Secretary Health Punjab (order dated 0308-1995). BUT why did the Senior Law Officer referred to this 1995 incidence in his report and comments in the first place? Does it not show the ill will borne by the Departmental Authorities? This NOT ONLY did not have anything to do with the charge against me in 1999 BUT ALSO caused confusion for the respected member PST. The respected member PST confused what the Senior Law Officer wrote in A under the heading of REPORT in his reports and comments on behalf of the Secretary Health Punjab and the Chief Secretary Punjab with what my lawyer said or wrote. My lawyer was assailing the Secretary Health Punjab dismissal from service order dated 13-06-2001 and the Secretary Health Punjab letter dated 03-04-2009 to put simply (as has been conceived/recognized by the member PST also in the last sentence of point 01 of this judgment sheet). And my lawyer was assailing these order / letter in 2009. He primarily talked / wrote about charge / charges against me leveled by the Secretary Health Punjab in 13[Type text] [Type text] PTO
06-2001 order. NOT BEING GOD, my lawyer could not possibly assert about something that happened to me or my life in 1995 and, I think neither was this required. Then how could the member PST write that my lawyer asserted about some thing that happened in 1995? In fact, the respected member PST confused what my lawyer wrote and said with what the Senior Law Officer wrote in A under heading REPORT of his REPORT AND COMMENTS ON BEHALF OF THE SECRETARY HEALTH PUNJAB AND THE CHIEF SECRETARY PUNJAB LAHORE. My Lord, of course, my lawyer DID MENTION that I could not comply with the Director Health Bahawalpur transfer order because of ill health. To which I now add my illness was the result of UNJUST, UNKIND, UNSYMPATHETIC (in fact hostile) ATTITUDE of the Director Health Bahawalpur who was transferring me from one Basic Health Unit of Bahawalpur District to another Basic Health Unit of Bahawalnagar District (out of district Bahawalpur) against the Govt. of the Punjab order dated 03-08-1995, (attached herewith- 08).
Point # 4 (of the judgment of respected member PST) Your Lordship, now I come to point 04 on page 03-04 of the judgment sheet of Punjab Service Tribunal which is SUPPOSED TO BE A SUMMARY of the report and comments with which the Senior Law Officer of Health Department Punjab opposed my appeal on behalf of the Secretary Health Punjab and the Chief Secretary Punjab. This report and comments by the SLO, 03 Page long, contained quite a few irrelevant and uncalled for material having nothing to do with the charge / charges against me. It is even more UNBELIEVABLE and INCREDIBLE that some of those irrelevant stories were even mentioned in the judgment of the respected member PST and at least one story of 1995 even confused member PST as I have already pointed out while writing about point 03 of this judgment. As far as the final decision is concerned that is TOTALLY based upon this MISGUIDING, FACTUALLY WRONG and full of ill will REPORT AND COMMENTS of the SLO and the original order of 13-06-2001, for reason best
known to member PST. As a matter of fact, the member PST did this inspite of my lawyers telling him in writing that DISMISSAL FROM SERVICE order dated 1306-2001 was UNLAWFUL and in spite of the fact, that Honorable Lahore High Court Lahore had already DECLARED my request REASONABLE. As far as I understand the member PST has also been guilty of CONTEMPT OF COURT (Lahore High Court Lahore order dated 09-03-2009-attached- 07) by following the Departmental Authorities. (i) As far as the first (i) point is concerned, though I have already replied in my rebuttal of the Dismissal from Service order of the Secretary Health Punjab dated June 13, 2001, I find a few good things / points going in my favor. Inspite of all the prejudice, ill will, lack of knowledge about PCS (E&D) rules 1999 in general and my case in particular, the SLO has HALVED the charges against me i.e. willful absence from duty w.e.f 11-11-1999 is the only charge against me as is evident from 4(i). While in the original report of the SLO, under the PRELIMINARY OBJECTIONS THE VERY FIRST SENTENCE is more clear in this respect I QUOTE: The penalty of dismissal from service under E&D rules 1999 was imposed upon appellant on the charges of unauthorized absence vide order dated 13-06-2001. (Attached herewith- 04). This GOOD POSITIVE THING i.e HALVING the charges against me, has also been done by the Secretary Health Punjab in his letter dated April 03, 2009 written in compliance of the orders of Honorable Lahore High Court, dated 09-032009 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. 11-1-1999 (11-11-1999) (attached herewith- 03). My Lord, I see this as the authorities are already RETREATING - going on defense, on BACK FOOT. As the charges against me as mentioned in the dismissal from service order dated 13-06-2001 is / are as follows.
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. On the charge of misconduct i.e. willful absence from duty w.e.f. 11-11-1999 / non compliance of transfer order. (attached herewith 02). My Lord, you are the best judge but I believe, in fact, I am convinced that the Secretary Health Punjab in his letter dated 03-04-2009 (attached herewith- 03) and the SLO in his report and comments to the Member PST did not talk about any non compliance of transfer order BECAUSE this Director Health Bahawalpur order was against the Government of the Punjab order dated 03-08-1995 as well as the General Government Policy. To add to it, the NOTIFICATION OF PCS (E&D) RULES 1999 WAS DONE ON JUNE 21, 1999 and the transfer order of the Director Health Bahawalpur bears date prior to June 21, 1999 (transfer order is dated DECEMBER 31, 1998) and THIS FACT was brought in the notice of Honorable Lahore High Court as well as in the notice of the member PST by my learned lawyer. The Honorable Lahore High Court DID GIVE WEIGHT to this BUT the member PST did not, for reasons best known to the respected member PST -- although after the Secretary health Punjab letter dated 03-04-2009 and the report & comments of Senior Law Officer, my lawyer had congratulated me as he thought we had already won the case, as the authorities were on back foot already as the Director Health Bahawalpur transfer order dated December31,1998( bearing a date prior to June 21, 1999) could not be a reason to punish and dismiss a 40 years old King Edward Medical College Graduate under PCS (E&D) rules 1999 which came into force on June 21, 1999. (ii) My Lord, although I did appeal against the dismissal from service order dated 13-06-2001 to the Secretary Health Punjab requesting him to REVISIT my case on 12-07-2001 (i.e. within 30 days as I received 1306-2001 letter in early July, 2001). BUT EVEN THE VERY MENTION of 30 days TIME LIMIT speaks of the IGNORANCE of the SLO about PCS (E&D)
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Rules 1999 as in my case the penalty had been imposed by the Government herself i.e. the Secretary Health Punjab. The exact word of the SLO, I QUOTE (2nd sentence of preliminary objections) He (i.e. I Dr. Khalid Mahmood) was required to file departmental representation / appeal before the Chief Secretary / appellate authority with in 30 days against the penalty imposed upon him but he filed no departmental appeal / representation at relevant time. (SENIOR LAW OFFICERS REPORTS AND COMMENTS ON BEHALF OF SECRETARY HEALTH, PUNJAB AND THE CHIEF SECRETARY, PUNJAB are attached herewith- 04). My Lord, this sentence of the SLO is INCREDIBLE and UNBELIEVABLE!! How could such an ignorant person (about PCS (E&D) Rules 1999) be the SLO of the Govt. of the Punjab? If somebody else had told me, I would not have believed it because: (a) 30 DAY LIMIT is NOT APPLICABLE / RELEVANT in my case as the AUTHORITY in my case is / was the Govt. of the Punjab herself. i.e. the Secretary Health Punjab (RULE 15, CHAPTER IV, APPEALS & REVISIONS ETC.) (attached herewith-34-pages66-67).
(b) I was supposed to appeal to the AUTHORITY who passed the ORIGINAL ORDER (RULE 16, CHAPTER IV, APPEAL & REVISION ETC). And the AUTHORITY in my case was the Secretary Health Punjab and not the Chief Secretary Punjab. As a matter of fact the Secretary Health Govt. of the Punjab was also the Appellate Authority according to rule 18 (CHAPTER IV, APPEAL & REVISIONS ETC) which reads: Where the original order has been passed by the government, no appeal shell lie and instead, a review petition shall lie to the government and the government may, in its discretion, exercise any of the powers conferred on the appellate authority.
My lord, this is exactly what I did i.e. made an appeal and requested the Secretary Health Punjab to REVISIT my case on 12-07-2001. I also appealed to the Chief Secretary Punjab on 20-08-2003. But the member PST under the wrong guidance and input of the Senior Law Officer wrote on page 04 point 05 (last two sentences i.e. sentence No. 04 & 05). I QUOTE, While even otherwise this alleged appeal (i.e. my appeal to the ChiefSecretaryPunjab,dated20-08-2003)was TIME-BARRED by almost two years, the plea of its filing is falsified by the fact that as reflected by the order dated 09-03-2009 passed by the Honorable High Court in writ petition No. 1160/2009, the alleged departmental appeal had been filed by the appellant before Secretary Health Department Punjab (my 12-07-2001 appeal to the Secretary Health Punjab) and not before the Chief Secretary and accordingly directions were given by the Honorable High Court to the former (i.e. Secretary Health) for decision of the same. It is also note worthy that under law / rules no appeal against the order of an authority lies before the same authority. My Lord, this is INCREDIBLE! This is UNBELIEVABLE that member PST has written these sentences which NOT ONLY show the ignorance of the writer about PCS (E&D) Rule 1999 and the wrong input of the SLO, BUT ALSO amounts to CONTEMPT of Honorable Lahore High Court (as what these sentences mean is: Honorable Lahore High Court did not know the law / rules and ordered the wrong authority to do what that authority could not do), WHILE I AM HUNDRED PERCENT SURE THAT HONORABLE LAHORE HIGH COURT KNOWS LAW/RULES BETTER THAN ANYBODY IN THE PUNJAB AND HONORABLE LAHORE HIGH COURT KNEW THE LAWS / RULES (PCS (E&D) 1999 CHAPTER-IV APPEALS & REVISIONS ETC.) BETTER THAN ANY OTHER AUTHORITY AND CALLED MY REQUEST REASONABLE. MOREOVER I went to the Chief Secretary Punjab first when I went to Lahore after getting Honorable Lahore High Court order dated 09-03-2009 and got it received by the receipt clerk of the Chief Secretary Punjab (Mr. Iqbal) and the Chief Secretary (Mr. Najeeb Bhutta) personally sent me to the SECRETARY HEALTH on 25-03-1999. The Secretary Health granted me an interview on 27-031999 and later signed the letter dated 03-04-2009 which I got in my hand after about 02-03 weeks. Of course all these officers (i.e. the Chief Secretary Punjab
and the Secretary Health Punjab), I am sure, did not misunderstand the Honorable Lahore High Court order and I am sure they know PCS (E&D) Rule 1999 also. My Lord, the last sentence of 4(ii) reads : That, thus his appeal (i.e. my appeal) being time barred before lower forum, it had been held by Honorable Supreme Court in its judgment reported as PLD 2002 SC 10 that where appeal / representation before the departmental authority was time barred, appeal before Punjab Service Tribunal was not maintainable. As far as the reference of this Supreme Court decision is given in support of his FALSE STAND by the Senior Law Officer, that again shows and reveals his lack of knowledge about at least my case. My request had already been DECLARED REASONABLE by Honorable Lahore High Court on 09-03-2009. Lahore High Court is NO lower forum / departmental authority BUT the HIGHEST FORUM of the Punjab higher than the Secretary Health Punjab or the Chief Secretary Punjab. My Lord, it is again incredible and unbelievable that the member PST rejects my appeal giving this reference in point 06 of the judgment sheet i.e. giving MORE WEIGHT to the ignorance of the SLO and departmental authorities and NO WEIGHT to the actual Honorable Lahore High Court decision. To me this amounts to contempt of Lahore High Court, Lahore. Point # 5 (of the judgment of respected member PST) My Lord, as far as point 05 of the judgment sheet of respected member PST is concerned, my submissions are as under: (a) My Lord, in the first sentence of this point 05, the respected member PST wrote about the CONTENTIONS of the respondents and those of my lawyer. I will not comment on whether my lawyers contentions HAD FORCE OR NOT. To me, this is something SUBJECTIVE. BUT, I most respectfully DIFFER with member PST when he calls the contention of my lawyer factually wrong. In fact, the STAND of the respondents was and is
FACTUALLY WRONG as I have already explained earlier in my rebuttal of the Dismissal from Service order dated 13-06-2001 and I have already written about the Secretary Health letter dated, April 03, 2009 as well as later my submissions about REPORTS AND COMMENTS OF SENIOR LAW OFFICER OF THE PUNJAB HEALTH DEPARTMENT ON BEHALF OF SECRETARY HEALTH PUNJAB AND CHIEF SECRETARY PUNJAB. (b) As far as the 2nd and the 3rd sentence of this point 05 is concerned, the member PST - for reasons best known to him did not mention my appeal to the Secretary Health Punjab dated 12-07-2001 against the penalty order dated 13-062001, BUT did mention my appeal to the Chief Secretary Punjab dated 20-08-2003 which according to hisgoodself was time barred by two years, again being guilty of CONTEMPT OF COURT. (c) While the 4th & 5th sentences of this point 05 are incredible and unbelievable! They read : While even otherwise this alleged appeal (i.e. appeal to the Chief Secretary Punjab dated 20-08-2003) was time barred by almost two years, the plea of its filing is falsified by the fact that as reflected by the order dated 09-03-2009 passed by the Honorable High Court in writ petition No. 1160/2009, the alleged departmental appeal had been filed by the appellant before Secretary Health Department Punjab, (my appeal to Secretary Health Department Punjab dated 12-07-2001) and not before Chief Secretary and accordingly directions were given by Honorable High Court to the former (i.e. Secretary Health Department Punjab) for the decision of the same. It is also note worthy that under the law / rules no appeal against the order of an authority lies before the same authority. My Lord, what do I do now EXCEPT to wonder which law / rules the respected writer / author of PST judgment sheet is / was referring to? As far as I can make out, the writer of the judgment - sheet either did not read PCS (E&D) rules 1999 or forget the law / rules specially CHAPTER-IV APPEALS, REVISIONS ETC OF PCS (E&D) rules 1999 (specially Rule 15, rule 16, rule 18). Punjab Civil Servant (E&D) rules 1999 are attached herewith.(34-pages58-69 a,b,c, 08leaves/15 pages__).
Point # 6 (of the judgment of respected member PST) My Lord, coming to point 06 of the judgment sheet of the member PST, although the first sentence is FACTUALLY WRONG but I AM CURIOUS ABOUT ONE THING what is time limit or the stipulated period (as written by member PST in point 01 on page 02 also)? What did the member PST mean by time limit or stipulated period? Does he mean that I must / should have appealed within 30 days of the receipt of my dismissal order under the wrong input from Senior Law Officer? Although I did the same i.e. 13-06-2001 dismissal from service order of the then Secretary Health Punjab was received by me in Early July 2001 and my appeal to revisit my case to the Secretary Health Punjab is dated 12-07-2001, I most respectfully differ with him as my dismissal from service order dated 1306-2001 was from the government (i.e the Secretary Govt. of the Punjab) and the 30 days time limit is NOT RELEVANT in my case. Though my appeal to the Secretary Health Punjab Dated 12-07-2001 against 13-06-2001 order was written within 30 days but that was not MANDATORY or RELIGIOUSLY REQUIRED as wrongly written by the SLO in his report and comments (on behalf of Secretary Health Punjab and Chief Secretary Punjab) which along with the ORIGINAL ORDER OF 13-06-2001 ALMOST TOTALLY and COMPLETELY INFLUENCED the member PST judgment. This first sentence of the Point 06 shows and reveals the ignorance of the author / writer of the judgment (My Lord, I apologize in anticipation if I am wrong) about PCS (E&D) rules 1999 (SPECIALLY THE RULE 15, 16, 18 CHAPTERIV, APPEALS & REVISIONS ETC.) and also amounts to CONTEMPT OF COURT (Lahore High Court Lahore order dated 09-03-2009 attached herewith -07). My Lord, in SENTENCE 02 OF THIS POINT 06 the member PST agrees with the Secretary Health Punjab, who in his letter dated 03-04-2009 called my request time barred. Here again the respected member PST has been guilty of CONTEMPT OF COURT by following the Secretary Health Punjab who had written this letter in compliance of the orders of Honorable Lahore High Court Lahore dated 09-032009 in which my request was DECLARED REASONABLE and the concerned
authority / authorities was / were DIRECTED to decide my department appeal / appeals. The concerned authority i.e. the Secretary Health Punjab became guilty of contempt of court by calling my request time barred and the respected member PST agrees with the Secretary Health Punjab. It is interesting to note that member PST in point 05 sentence 04 05 on page 4 has already written that the Secretary Health Punjab was NOT THE COMPETENT AUTHORITY in my case although I most respectfully and humbly DIFFER with him. My Lord, in the 3rd sentence of this point 06, the member PST gives the reference of a Supreme Court decision (as had already been wrongly written / quoted by the SLO in his report & comments on behalf of Secretary Health and Chief Secretary Punjab) and rejects my appeal missing a VERY IMPORTANT POINT that Honorable Lahore High Court Lahore was no lower forum / departmental authority BUT THE HIGHEST FORUM OF THE PUNJAB higher than any Provincial Secretary Health or Chief Secretary. As a matter of fact, the Secretary Health and the SLO (on the behalf of the Secretary Health Punjab and Chief Secretary Punjab) and the respected member PST have been guilty of CONTEMPT OF LAHORE HIGH COURT, LAHORE which had already declared my request REASONABLE on 09-03-2009. (attached herewith- 07).
Point # 7 (of the judgment of respected member PST) My Lord, as far as point 07 of the judgment sheet of the respected member PST is concerned my submissions are as under: a. I have already rebutted dismissal from service order dated 13-06-2001 of the Secretary Health Punjab, Lahore. This judgment of the member Punjab Service Tribunal is AS UNLAWFUL and full of ignorance about PCS (E&D) rules 1999 AS THE ORIGINAL 13-06-2001 dismissal from service order.
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Point # 8 (of the judgment of respected member PST) My Lord, the last point 08 of the respected member Punjab Service Tribunal reads: In view of what has been discussed above, the appeal has no merit and is dismissed accordingly My Lord, I most humbly and respectfully want to bring in the notice of Your goodself that the trial and this JUDGMENT of the respected member Punjab Service Tribunal is / was a TRAVESTY OF JUSTICE. My Lord, according to the respected member PST (written in the last sentence of point 01) my appeal was against two orders of the Secretary Health Punjab, I QUOTE member PST The order of respondent No. 1 (i.e. the Secretary Health Punjab) which was communicated to the appellant (i.e. me) vide a letter dated 3.4.2009 of Health Department has been assailed through the instant appeal along with the previous order dated 13-06-2001. My Lord, as far as 13-06-2001 Dismissal From Service order is concerned, I have already rebutted it. I think this 13-06-2001 (the original order) is UNLAWFUL (this fact was brought in the notice of member PST by my lawyer also) as I could / should not have been punished for a SO-CALLED CRIME, i.e. non-compliance of transfer order, the date of which has NEITHER been given in the ORIGINAL Dismissal From Service order of the then Secretary Health Punjab dated 13-06-2001 NOR the date of that transfer order is mentioned in the judgment of respected member PST. I guess the TRANSFER ORDER, mentioned in the dismissal from service order of the Secretary Health Punjab as well as in the judgment of member PST IS the Director Health Bahawalpur transfer order dated December 31st, 1998 which was NOT ONLY against the Govt. of the Punjab Order dated 03-08-1995 BUT ALSO against the general government policy. AND LAST BUT NOT THE LEAST, the very MENTION of this December 31, 1998 transfer order of the then Director Health Bahawalpur as a charge against me MAKES THE Dismissal From Service Order dated 13-06-2001 UNLAWFUL as I could/should not have been punished for a SOCALLED crime said to have been committed in
January 1999 under rules which CAME INTO BIRTH / FORCE on June 21, 1999 PCS (E&D) Rules 1999. My Lord, as far as the letter 03-04-2009 of the Secretary Health Punjab is concerned, it is NOTHING BUT OUTRIGHT CONTEMPT OF Honorable Lahore High Court, Lahore order dated 09-03-2009 PLUS IGNORANCE of the writer about PCS (E&D) Rules 1999. According to PCS (E&D) Rules 1999, stipulated period is NOT RELEVENT in my case, though my appeal to the Secretary Health Punjab, dated 12-07-2001 was within 30 days. My Lord, how could the respected member PST write that my appeal has no merit? (Does the respected member PST think that ONLY UNLAWFUL ORDERS / CONTEMPT OF HIGH COURTS HAVE MERITS!)? This is INCREDIBLE! Your goodself is requested to intervene and DO JUSTICE TO ME WHICH COULD BE SEEN also by all as JUSTICE in my case would also be REIGNING the CRUEL, INHUMAN ELEMENTS IN BUREAUCRACY (I am not writing this for every member of bureaucracy of our unfortunate country) besides BENEFITING ME. Thanking your good-self in anticipation.
Dated __________
Yours obediently,
Attached Herewith
37 Documents consisting of 52 leaves/62Pages.
(KHALID MAHMOOD MBBS) R/o: Room # 35, Doctors Hostel, Abbas Manzil, Near District Courts,Bahawalpur. Mob #: 0334-6871505
Khalidmahmood13@gmail.com
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PLEASE NOTE: As I am, at the present moment living in A Doctors Hostel, my one other address may kindly be noted: Khalid Mahmood (DR) C/o Mr. Asad Ali Ahmad M.A (PU), M.A Edu. (AUB Beirut), 847-F, Model Town B Bahawalpur.(Mr.Asad Ali Ahmads mobile phone number is 0333-6364290.) I shall be very grateful if I am informed at BOTH OF THESE ADDRESSES. Thanking your good-self in anticipation. COPY TO: 1. The Respected President, Pakistan Supreme Court Bar Association, Islamabad, Pakistan. 2. The Respected Principal, Cadet College, Hasan Abdal (CCH). 3. The Respected Principal / Vice Chancellor King Edward Medical College / University, Lahore, Pakistan. 4. The Respected Chief Minister of the Punjab, Lahore, Pakistan. 5. His Excellency, the Respected Prime Minister of Pakistan, Islamabad. THE COPIES TO ABOVE RESPECTED FIVE ARE FOR INFORMATION, HELP AND, PROTECTION. Yours obediently, Attached Herewith
37 Documents consisting of 52 leaves/62Pages. (KHALID MAHMOOD MBBS) R/o: Room # 35, Doctors Hostel, Abbas Manzil, Near District Courts,Bahawalpur. Mob.#: 0334-6871505 Khalidmahmood13@gmail.com
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1 Page (Attached Herewith 37 Documents Consisting Of 52 Leaves/62 Pages )

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To The Most Honourable Chief Justice of Pakistan, Islamabad. Subject:

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Khalid Mahmood (MBBS)

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Your goodself that Honorable Judges

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sense of the word. Hazrat Ali once said:

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Rule16reads :.(a petition/appeal) shall be filed with the authority or the

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