MULTAN, Dec 14: A somehow ‘timid’ punitive action by the provincial health department against a Nishter Medical College senior faculty member, charged with professional and moral misconduct, has now been the victim of judicial logjam for the last seven months.
Professor of orthopaedic surgery at the NMC, Dr Ashiq Pervaiz was transferred and directed to report to the health department on May 27 last on the orders of the provincial government.
Earlier, the husband of one of his patients had accused him of sexually abusing his wife. The Chief Minister’s Inspection Team got conducted an inquiry to ascertain veracity of the allegation through its senior member, Brig Tauqeer Qamar (retired). Although it was announced that the outcome of the inquiry would be made public, it did not happen.
However, Punjab Health Minister Dr Tahir Ali Javed was quoted in a section of press as saying that the doctor had been declared guilty by the CMIT member. But his transfer order was silent over the issue and even no reason was given for virtually placing him as an OSD or official without any assignment.
Dr Ashiq challenged the order with the Lahore High Court’s Multan Bench, pleading that an official could not be transferred without his or her will two years before reaching the age of superannuation.
The court directed the chief secretary on June 2, 2005, to consider a presentation of the petitioner which he had filed against his transfer. At the same time, the court dismissed the petition and held in abeyance the transfer order till a decision on the presentation.
On July 21, the provincial health department informed Dr Ashiq that the competent authority had rejected his presentation. Therefore, he was directed to comply with the orders.
Dr Ashiq, however, again moved the court terming the rejection of his presentation as a harsh, unlawful, authoritatively abusive and unwarranting action. “The (transfer) letter is non-speaking and has been passed without applying independent mind and also without giving any reason,” the petition read while urging the court to invoke its extraordinary constitutional jurisdiction.
Admitting the petition, the court once again held in abeyance his transfer orders on July 27 and directed the health department to give para-wise reply within a week on the contents of the doctor’s appeal. Sept 7 was fixed as the next date of hearing.
In its reply, the health department cited that the petition was not maintainable in the light of the principle laid down by the apex court regarding the matters pertaining to the terms and conditions of the civil servants in the case “Health Department versus Dr Syed Muhammad Zafar Bokhari (1997 SCMR 351).”
Giving background of the transfer orders, the department’s reply mentioned that a serious allegation of moral and professional ethics was levelled against Dr Ashiq and it was decided to transfer him from the NMC and further probe the matter. Simultaneously, the chief minister assigned the task to the CMIT to initiate a separate inquiry.
In his report, the CMIT member maintained: “Prima facie Dr Ashiq Pervaiz does seem to have made some improper advances towards his patient for which he may be penalized. His transfer from NMC may also be considered keeping in view the damage caused to its reputation because of the episode.”
The reply further revealed that the CMIT report was about nothing but full of his (Dr Ashiq’s) moral misconduct and violation of moral ethics. The CM approved the recommendation regarding his transfer and, consequently, the Services and General Administration Department took a step to this effect by ordering to report to the health department.
The transfer order was though what the petitioner said ‘non-speaking,’ the health department let the cat out of the bag in the reply filed on the order of the court. However, the proceedings in the case had to be adjourned on Sept 7 as the petitioner’s counsel was absent. Later, the counsel did not come even on the next dates of hearing fixed for Sept 19 and 29 and Oct 13.
On Oct 13, the court also could not take up the case owing to paucity of time. The same was its fate on the next date of hearing on Nov 14.
When contacted, the officials concerned in the office of the additional advocate-general said no further date of hearing in the case (4529/2005) “Prof Dr Ashiq Pervaiz versus the Government of Punjab” had so far been announced.
Consequently, the stay granted to the petitioner by the court against his transfer has now been running into seventh month. A senior official at the AAG office told Dawn that they had on several times urged the provincial health department to at least apply for vacation of the stay order, but to no avail. “It seems that now the health department authorities are not serious to take the matter to its logical end,” the official added.