
Tribunal dismisses appeal against ex-ATH director
In a ruling, the Medical Teaching Institution (MTI) Tribunal has dismissed the appeal filed by former Hospital Director of Ayub Teaching Hospital (ATH) Dr Athar Lodhi. The tribunal stated that MTI cannot take disciplinary action based solely on the findings of a fact-finding committee formed in July 2024.
Barrister Syed Ahmad Khan and Sajjad Afzal Khan Advocate represented the appellant, while Barrister Ibrahim Khan Afridi appeared on behalf of the respondent.
The short judgment, issued by MTI Tribunal Chairman Justice (retd) Abdul Shakoor, emphasised that Dr Lodhi has a constitutional right to a fair and impartial inquiry, as guaranteed under Articles 4, 5, and 10A of the Constitution of Pakistan.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Business Recorder
2 days ago
- Business Recorder
ECP may summon PM, Punjab CM over LG polls delay
ISLAMABAD: The Election Commission of Pakistan (ECP) can summon Prime Minister Shehbaz Sharif and Chief Minister Punjab Maryam Nawaz over continuous delay in local government elections in the country's federal capital and the largest province. This was stated by Chief Election Commissioner Sikandar Sultan Raja, Monday, heading a five-member full bench of the ECP, during the hearing on delay in LG elections in Punjab. 'The ECP cannot keep its eyes closed over this delay,' he told Punjab Local Government Minister Zeeshan Rafique. 'There should be some progress till next hearing of this case—if there's no progress, then we will issue an order regarding LG elections in Punjab—that would be embarrassing for you,' the CEC told the minister. 'Your party is in government in Punjab and at the centre. The local government elections have not been held in both the areas. On the other hand, local government elections in three provinces have been held,' Raja added. Punjab LG minister offered to share the draft of Punjab LG rules with the electoral body. The matter involving Punjab LG elections is pending with the related committee of the provincial government, he said. 'We will try to get the required legislation done as soon as possible,' Rafique said. The CEC responded that the ECP can summon the PM and the CM Punjab over delay in LG elections in Islamabad and Punjab. The case was adjourned but the next date of hearing was not fixed. Presently, the local bodies are in place in Sindh, Khyber Pakhtunkhwa, Balochistan and cantonment boards but LG elections in Punjab and federal capital have been facing an inordinate delay since 2021. The local bodies term in Islamabad Capital Territory (ICT) expired on 14 February 2021, and in Punjab on 31 December 2021. The ECP is bound to hold LG elections within 120 days of the expiry of local bodies' term, under Section 219(4) of the Elections Act 2017. This law provides that the ECP shall hold elections to the local governments within 120 days of the expiry of the term of a local governments of a province, cantonment or ICT. Article 218(3) of the Constitution of Pakistan provides that it shall be the ECP's duty to organise and conduct the elections, and to make such arrangements as are necessary to ensure that an election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. The ECP says that whenever it finalises the LG polls' preparations, the LG laws are amended by the governments concerned, causing delay in the elections. According to the poll body, it carried out delimitation exercises four times in Punjab and five times in ICT for LG elections before the LG laws were amended each time by the governments concerned, shortly after the related polls schedules were issued. Copyright Business Recorder, 2025


Express Tribune
2 days ago
- Express Tribune
Punishment must be proportionate: SC
The Supreme Court has ruled that proportionality must be applied with discipline, care and sensitivity to context, especially in cases involving fundamental rights and human dignity. In a service matter involving a sub-inspector, the apex court stressed that the principle of proportionality offers a structured framework for judicial review of administrative actions. The four-page judgment, authored by Justice Syed Mansoor Ali Shah, explained that the principle of proportionality provides a structured framework for judicial review of administrative actions. "Developed across various constitutional jurisdictions, it involves a four-step test: (i) the measure must pursue a legitimate aim; (ii) be suitable to achieve that aim; (iii) be necessary, in that no less restrictive alternative exists; and (iv) strike a fair balance between the measure's impact on individual rights and the public interest." This court has recently introduced and adopted this four-stage test to assess the legality and fairness of administrative and disciplinary decisions. Such a framework ensures that any interference with rights is justified, necessary, and lawful," reads the four-page order. The judgment was passed in a service matter where the Punjab Service Tribunal had partially allowed the appeal of a sub-inspector and modified the penalty from a two-stage to a one-stage reduction in pay through an order dated February 2, 2016. According to the tribunal, while an investigation had been conducted, the prosecution "failed to produce even a shred of evidence" to substantiate the allegations. A division bench of the apex court, led by Justice Shah, heard the sub-inspector's appeal against the tribunal's ruling. The order noted that despite these clear findings, the tribunal opted only to reduce the penalty rather than exonerate the petitioner. "It appears that the Tribunal relied, albeit implicitly, on the principle of proportionality, finding the original penalty disproportionate to the alleged misconduct. However, this application was both legally flawed and logically inconsistent with its own conclusion when no misconduct was established. The Tribunal failed to properly exercise its discretion under Section 5 of the Punjab Service Tribunals Act, 1974, which empowers it to confirm, set aside, vary, or modify impugned orders. While the Tribunal has authority to vary the punishment in appropriate cases, such discretion must be exercised judiciously grounded in the record, legal standards, and principles of fairness," the order stated. The court noted that judicial interference in disciplinary penalties is only warranted when the punishment is "arbitrary, perverse, or based on irrelevant considerations". "Once the Tribunal found that the allegations were wholly unsubstantiated, the only lawful outcome was to exonerate the petitioner." The judgment further elaborated that proportionality fosters a stable and systematic method for constitutional adjudication.


Business Recorder
5 days ago
- Business Recorder
KP to take up Ali Wazir's imprisonment with centre
PESHAWAR: The provincial government of Khyber Pakhtunkhwa has decided the forwarding of a resolution adopted by the provincial assembly for the release of the former Member National Assembly Ali Wazir to federal government. The decision was taken in the 33th meeting of the Khyber Pakhtunkhwa Cabinet was held here on Friday with Chief Minister Ali Amin Khan Gandapur in the chair on Friday. Cabinet members, Chief Secretary, Additional Chief Secretaries, Senior Member Board of Revenue, Administrative Secretaries and Advocate General Khyber Pakhtunkhwa attended the meeting. The resolution No.167 passed by the Assembly on April 28, 2025, states that: 'This House expresses serious concern over the repeated arrests of former Member of the National Assembly, Ali Wazir, the filing of frivolous and baseless cases against him, and his being subjected to continued political victimization. Ali Wazir is currently gravely ill and is being denied his fundamental right to proper medical treatment. He is being transferred from one jail to another on different pretexts, which is not only worsening his physical and mental health but is also a clear violation of human rights and constitutional principles.' Through the resolution, the KP assembly demanded that 'Ali Wazir be released immediately and unconditionally. He be provided with adequate and quality medical facilities. All politically motivated cases filed against him be withdrawn. All political workers be granted the constitutional rights of freedom of expression and peaceful political activity. The government and relevant institutions ensure implementation of Article 10-A (Right to Fair Trial), Article 19 (Freedom of Expression), and Article 14 (Right to Dignity) of the Constitution of Pakistan. Therefore, this Assembly recommends to the provincial government to urge the federal government to take immediate and positive action in light of humanitarian considerations, constitutional obligations, and democratic values.' While briefing about the decisions Advisor to Chief Minister on Information and Public Relations Barrister Dr. Muhammad Ali Saif said that the Cabinet approved Climate Action Board (CAB) Bill, 2025. The financially independent Board will coordinate and oversee climate strategies across different departments of the Government. It will be a body corporate being administratively and functionally independent and will: Develop, review, amend, and oversee the execution of climate policies and action plans for the province; Conduct & maintain provincial GHG inventories and establish emission baselines; Conduct, promote and oversee supervise research on mitigation, adaptation, and climate finance; Coordinate and facilitate climate action activities across Departments; Mobilize financial resources for climate action and establish, operate and maintain the dedicated Climate Action Board Fund. The Bill, allows the Board to appoint such officers, officials, experts, advisers and consultants, as it considerers necessary, to assist the Secretariat in the discharge of its functions. According to him the cabinet also approved forwarding to the Federal Government the joint resolution No. 161 adopted by the Provincial Assembly of Khyber Pakhtunkhwa. The resolution stated that whereas the Province of Khyber Pakhtunkhwa has been a victim of terrorism for several decades. During this time, thousands of innocent civilians and police personnel have laid down their lives. The people of the province are still yearning to be freed from this menace. The ongoing incidents of terrorism continue to pose a constant threat to the lives and property of the public. In this regard, the policy of the Government of Pakistan concerning Afghanistan has proven to be ineffective. Instead of curbing terrorism, it has led to its escalation and has also strained the relations between the two countries and their peoples. It has further complicated the situation by promoting mutual hatred, affecting trade, and deteriorating law and order.' It says that 'in this context, immediate and concrete measures have become essential to restore trust between the two brotherly nations and to establish lasting peace in the region.' It recommended to the provincial government 'to urge the federal government to reconsider and immediately revise its current policy regarding Afghanistan. The cabinet approved forwarding of resolution No. 168 adopted by the Provincial Assembly of Khyber Pakhtunkhwa to the Federal Government. The resolution states that: 'The House of (Khyber Pakhtunkhwa Assembly) expresses concerns over the Pahalgam incident and strongly condemns India's hostile actions, including threats pertaining to the Indus Water Treaty and acts of aggression against Pakistan. The House reaffirms its full support for the Government of Pakistan's sovereign right to safeguard National Interest through all necessary measures. We urge the international community to take immediate action of India's violation of international obligation and to play its role in preserving regional peace and stability. This House stands united with the people and Armed Forces of Pakistan defence of our homeland,' added Barrister Dr. Saif. Copyright Business Recorder, 2025