ISLAMABAD, Feb 6: The Islamabad High Court (IHC) on Wednesday restored the services of registrar of Pakistan Medical & Dental Council (PMDC), Dr Aftab Akbar, and ruled that the council’s executive committee, which had suspended him, was not the competent authority to pass such orders.
The executive committee had suspended Dr Akbar on January 22, 2013.
The court in its orders noted that only president of the council was authorised to pass any direction for suspension of the registrar.
Abdul Rahim Bhatti, counsel for Dr Akbar, argued before the court that the impugned notification was passed by a member of the PMDC executive committee and a false impression was created that the notification was issued with the PMDC president’s approval.
Earlier, Dr Akbar stated before the court that his suspension as registrar was illegal and unlawful, and had nominated as respondents secretary ministry of National Regulations and Services, establishment division, PMDC, Prof. Manzoor Hussain, member executive committee and chairman of election committee PMDC along with some other members, FIA and NAB.
His counsel stated that Dr Akbar had been a grade-20 officer and was suspended by the executive committee without any authority or jurisdiction in this regard.
The competent authority for all employees of the council is the President as per Section 4 (3) (4) of the PMDC (Amendment) Act 2012 and he has exclusive jurisdiction which cannot be assumed by the executive committee.
One Dr Raja Amjad Mehmood (BPS-20), an employee of the Ministry of National Regulations and Services, was sent by the government on deputation and appointed as registrar, apparently against the provisions of PMDC Ordinance, 1962 and the rules framed there under.
The counsel stated that Dr Akbar was suspended solely on the grounds of interfering in elections of the council.
He said that there was no restriction on the petitioner to participate in the PMDC elections and to become a member of the council.
The executive committee members pressured him not to participate in the elections or to resign from the post of registrar, he told the court and added that they also warned him of consequences.
He said that despite threats the petitioner participated in the elections in accordance with the PMDC Act. He said that in order to settle the score with Dr Akbar the executive committee suspended him in an illegal manner.
After listening the arguments, the court restored Dr Akbar to the position as PMDC registrar.





























