PESHAWAR: A Peshawar High Court bench sought reply from Khyber Pakhtunkhwa government in a petition seeking court’s declaration that the Board of Governors chairman and members of a major public sector hospital ceased to hold their positions after they resigned earlier.

A two-member bench consisting of Justice Roohul Amin Khan and Justice Wiqar Ahmad also directed Dr Nadeem Khawar, the chairman of BoG of Khyber Teaching Hospital (KTH), to produce article and memorandum of association of Peshawar General Hospital Hayatabad, owned by him, as well as its registration with the relevant authority.

The bench while issuing notices to the respondents including chief and health secretaries fixed September 14 for next hearing of the petition filed by a former MPA, Atifur Rehman, who stated that the chairman and five members of the BoG had resigned after the unfortunate incident of stoppage of oxygen supply in the hospital which resulted in deaths of six patients in December last year but till date they continued to function on the said positions.

The respondents in the petition are chief secretary, provincial health secretary, chief minister through his principal secretary, provincial health minister, KP Assembly Standing Committee on Health Chairperson Rabia Basri, BoG Chairman Dr Nadeem Khawar and five members of the board.

Court fixes Sept 14 for next hearing of petition filed by former MPA

Advocate Muzamil Khan appeared for the petitioner and stated that following the said incident a discreet inquiry was conducted by the BoG, wherein the chairman and its members tendered resignations on the so-called high moral grounds, dignity and integrity on December 21, 2020.

He stated that through a notification on April 2, 2021, some of the members of the BoG, who had earlier resigned, were appointed as members of the board and Dr Nadeem Khawar was its chairman.

The counsel claimed that Dr Nadeem Khawar was running Peshawar General Hospital Hayatabad and was its owner as well as chief executive. He said that under Section 5 (9) of Medical Teaching Institutes Act no person should be appointed as a member of BoG if he had a conflict of interest with the said position.

He requested the bench to inquire from the chairman and members of board as to under what moral grounds they were holding offices after tendering resignations in their inquiry report of December 21, 2020, which was conducted into the incident of death of patients.

Muzamil Khan argued that under Section 5 (8) of KP Medical Teaching Institutions Reforms Act, 2015 the membership of a member should cease and fell vacant if he resigned or failed to attend three consecutive meetings of the board without sufficient cause.

He said that besides the happening of the unfortunate incident in KTH, on the night between December 5 and 6, 2020, and the resignations tendered by the chairman and members of the BoG their retaining the said posts and still conducting all affairs of the teaching hospital were illegal.

He contended that the issue was agitated time and again through media but the government turned a deaf ear towards it and allowed the chairman and the members of the board to illegally hold their respective offices.

Published in Dawn, September 2nd, 2021