PESHAWAR, Oct 10: The Peshawar High Court on Wednesday cancelled the transfer of the Mardan District Headquarters Hospital’s medical superintendent and directed the provincial special health secretary to reinstate him immediately.
Dr Tahir Ali was removed from the hospital on Aug 29, 2012 before being placed on the disposal of the provincial director general (health services).
He claimed that he was transferred after he refused to declare the Aug 23 killing of Akhtar Ali, 15, in the custody of police a ‘natural death’ as desired by the Mardan administration. Dr Tahir later moved the court seeking cancellation of the transfer.
A bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth accepted the petition and ordered the undoing of the petitioner’s transfer.
The bench summoned special health secretary Dr Noorul Aiman and asked him whether in such like circumstance, he was ready to revoke the impugned order.
The secretary replied that whatever the court ordered, he would follow it.
The bench observed that the case was related to terms and conditions of service of the petitioner falling in domain of the services tribunal.
It, however, said as the petitioner was an important witness on medical side in the murder case and if the court permitted such transfers procured through third degree methods, it would permit those who wanted to corrupt the justice system.
It added that such like tactics would ultimately incapacitate the judicial system.
The chief justice regretted that instead of appreciating the petitioner for taking a just stand, his department transferred him sending a negative signal to other officials.
He asked the additional health secretary if any doctor could perform duty in line with the law when he had to face such administrative pressures.
The chief justice added that other doctors would take it as a lesson and remain under influence of district administration.
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