Origional & Final Application

8/3/2019 Origional & Final Application

http://slidepdf.com/reader/full/origional-final-application 1/75

1

(Attached herewith are 37 Documents consisting of 52-leaves/62-

pages)

YOUR HONOR (The most honorable Chief Justice of Pakistan,

Islamabad).

This is the fourth time I am sending this application to Your Lordship.

1- On January 28, 2011, I sent this application to your honor by Post under

registered cover from GPO, Lahore.

2- On February 01, 2011 I sent this application to your honor by Post under

registered cover from GPO, Lahore.

3- On 17-05-2011, I sent this application to your honor from Bahawalpur

GPO. This time I sent at your Lordship’s Official Residential address in

Islamabad as well as in Quetta.

Sir,

Now I am sending this application to your honor on Email address:

Email:[email protected]

It is most humbly requested that my case may kindly be taken up at the

earliest as

things are getting from bad-to-worse for me not only economically but alsootherwise

with the passage of time.

Thanking your honor in anticipation,

Yours obediently,

Khalid Mahmood, MBBS

R/O:Room # 35,Doctors Hostel,

Abbas Manzil,Near District Courts,

Bahawalpur.

Mob #:0334-6871505



2


pages)

Dated 07-09-2011

To

The Most Honourable Chief Justice of Pakistan,Islamabad.

Subject: APPEAL AGAINST THE JUDGEMENT OF MR.MUHAMMAD AYUB MALIK, MEMBER-III OF THEPUNJAB SERVICE TRIBUNAL, LAHORE IN APPEAL NO. 937

OF 2009 (ATTACHED HEREWITH-01).Dr. Khalid Mahmood (Room No. 35 Abbas Manzal) Doctors Hostel

Near District Courts Bahawalpur… APPELLANT

VERSUS

1. The Secretary Health, Government of the Punjab, Lahore.

2. The Chief Secretary, Govt. of the Punjab, Lahore.

RESPONDENTS

My Lord,

Kindly allow me to present my case myself before Your goodself

NOT ONLY because I have already spent more than Rs. 100,000/-

paying the lawyer’s fees and in running about here and there in

spite of being jobless, almost broke and penniless BUT ALSO

because the respected Member Punjab Service Tribunal (M.P.S.T)

has mentioned in (Point 7) of his judgment that observations /

Charges against me levelled / made by the Secretary Health

Punjab in the “Dismissal from service order dated 13-06-2001”

were not rebutted by my learned council. Earlier in Point 5 of the

judgment, MPST finds the contentions- (a statement of beliefs



3


pages)

and opinions which are yet to be proved according to advanced

Oxford learner’s dictionary) of my lawyer had no force – a

subjective view, of course, of MPST. So, here, I most respectfully

ask of Your goodself to allow me to present submissions before

your good honor. My submissions will be under the following

headings:

1. I will REBUT the charges against me levelled by the Secretary

Health Government of the Punjab in the “DISMISSAL FROM

SERVICE ORDER” DATED 13-06-2001” (ATTACHED HEREWITH-2)

and will (INSHAALLAH) prove it UNLAWFUL (based on OPINIONSformed by the Secretary Health Punjab on the wrong and

prejudicial input from the Inquiry Officer, the Director Health

Multan, and the Director Health Bahawalpur- Dr. Fazal Mahmood).

2. I will rebut the Secretary Health Punjab letter dated 03-04-

2009,written in compliance of the orders of Honorable Lahore

High Court dated; 09-03-2009 (declaring my request i.e to RE-

VISIT my case REASONABLE and DIRECTING the concerned

authority / authorities to make decision on my applications to theSecretary Health Punjab dated 12-07-2001 and the Chief

Secretary Punjab dated; 20-08-2003). Instead of considering and

re-visiting my case, the Secretary Health Punjab in his letter

dated 03-04-2009 called my request “TIME BARRED” – which I

believe amounts to contempt of Lahore High Court order dated

09-03-2009. Though the spirit of this letter of the Secretary

Health Punjab dated 03-04-2009 is hostile and as I have already

written amounts to contempt of Lahore High Court Order dated

09-03-2009 but I being an OPTIMISTIC see a POSITIVE point in this

also i.e. the Secretary Health Punjab has HALVED the charges

against me i.e. according to this 03-04-09 letter of the Secretary

Health Punjab (written in compliance of Honorable L.H.C order

dated 09-03-2009) the charge against me is, I quote.



4


pages)

“2. Dr. Khalid Mahmood was proceeded under PCS (E&D) rules

1999 on the charge of willful absence from duty w.e.f 11-11-

1999.” (Attached herewith_03).

While according to the Secretary Health Punjab order dated

13th June, 2001 (i.e. dismissal from service order) I was proceeded

against under the provisions of PCS (E&D) Rules 1999 on the

charge of misconduct i.e. willful absence from duty w.e.f. 11-11-

1999 / non-compliance of transfer orders (Point 1 of dismissal

from service order dated 13-06-2001). (Attached herewith 02).

In his “report and comments”, the Senior Law Officer (SLO)Govt. of the Punjab, Health Department on behalf of the

Secretary Health Punjab and Chief Secretary Punjab sent to MPST

in 2009 has also HALVED the charges against me. In the very first

sentence under the heading of PRELIMINARY OBJECTIONS, the

SLO writes and I quote: “The penalty of dismissal from service

under E&D rules 1999 was imposed upon the appellant (i_e. on

me) on the charge of un-authorized absence vide order dated 13-

06-2001”. (Attached here with_04).

Your lordship, your honor can see that the charges against

me in the “Dismissal from the service order” dated; 13-06-2001

are TWO in number i.e. willful absence from duty w.e.f. 11-11-

1999 / non-compliance of transfer orders. I was ill then. I could

not fight except writing an application to the Secretary Health

Punjab on 12-07-2001 to re-visit my case and again on 20-08-

2003 to the Chief Secretary Punjab to re-visit my case. (Attached

herewith-05-06 respectively).

But in 2009 when I could arrange some money to fight

for my rights and went first to honorable LHC which graciously

declared my request (to revisit my case) REASONABLE and

DIRECTED the concerned authorities to make decision on my

appeals against 13-06-2001 “Dismissal from Service Order” of



5


pages)

the Secretary Health Punjab, the authorities immediately went on

back foot and halved the charges against me i.e. NO MENTION OF

THE “NON COMPLIANCE OF TRANSFER ORDER” was made either

by The Secretary Health Punjab in his letter dated April

03, 2009 (written in compliance of the orders of Honorable LHC

order dated 09-03-2009-attached herewith 07) or by the Senior

Law Officer of Health Department Lahore in his “reports and

comments” on behalf of The Secretary Health Punjab and Chief

Secretary Punjab sent to Member PST in the end of 2009.

Your lordship, I request Your goodself to look into this. What I understand is: the transfer order was from the Director Health

Bahawalpur and was NOT ONLY against the Government of the

Punjab orders dated; 03-08-1995 (Attached herewith-08)

BUT ALSO against the general Government Policy i.e. a fresh

Medical Graduate should serve 2-3 years in the rural areas and I

had spent more than that. THE MOST IMPORTANT POINT is the

transfer order of Director Health Bahawalpur bears a date

(December 31, 1998-attached herewith-09) which is almost six

months prior to the date when PCS (E&D) rules 1999 came into

force i.e June 21, 1999 - making the Secretary Health Punjab

Lahore “dismissal from service order” dated 13-06-2001 UN-

LAWFUL.

The transfer order of Director Health Bahawalpur was given

to me in early January 1999 when I was already at the disposal of

the Director Health Bahawalpur since middle of November 1998

in compliance of Director Health Bahawalpur order. Within a few

days i.e. on 15-01-1999, I made a humble request to Director

Health Bahawalpur to cancel this order as the order was not only

against Govt. of the Punjab Order dated; 03-08-1995 but also

against the General Government Policy as I had spent more than

three – four years in a village rural BHU. I was given mental

torture (about which I shall be talking in the preamble). I fell ill. I



6


pages)

got medical docket and got medical treatment and also remained

admitted in a Government Hospital for some time.

3. The member Punjab Service Tribunal (M.P.S.T) wrote in point 1 on

page 2 of his judgment that my appeal to him was meant to

“assail” the above two orders/letters of the Government of the

Punjab and he was right. But before your Lordship, I am going to

ASSAIL THE JUDGEMENT OF Member P.S.T Punjab also which was

announced on 10-12-2009 and given to me in writing on 17-03-

2010 in Bahawalpur. This judgment of the Member P.S.T is just

supporting the ILLEGAL and UNLAWFUL earlier order / letter of Health Department Lahore i.e. Secretary Health Punjab order

dated 13-06-2001 and the Secretary Health Punjab letter dated

03-04-2009.

Your Lordship the trial and the judgment of respected

Member Punjab Service Tribunal (MPST) is a TRAVESTY OF

JUSTICE and I shall prove it before your goodself. INSHALLAH.

PREAMBLE

Your Lordship, most respectfully I beg to state that I think I would

be able to explain things and events better after writing this.

I, Khalid Mahmood, MBBS S/o Late Mr. Mukhtar Ahmed Sheikh –

(who retired as Principal Govt. Comprehensive High School

Multan in 1973 and later died on the operating table in the

operation theatre of Govt.Bahawal Victoria Hospital Bahawalpur_-

a Teaching Hospital-in 1981) did my medical graduation (MBBS)

from the King Edward Medical College Lahore in 1985.

Immediately after my internship (House Job) in the Mayo Hospital

Lahore,I joined Government Service in July 1986. Later after

Punjab Public Service Commission Selection I joined the Punjab

Health Department as P.P.S.C selectee Medical Officer/Blood

Transfusion Officer on February 17, 1987.



7


pages)

Sir, I think, my case should also be seen as a case.

Khalid Mahmood

(MBBS)

VERSUS Mr. Manzar Hayat (CSP)

(Additional Deputy Commissioner

General –ADCG Bahawalpur in

1992. About his present posting I

do not know)

Sir, I met Manzar Hayat for the first time in my life on May 20, 1972 –when we got into Cadet College Hasan Abdal (CCH) in Class 8. We were

in the same hostel (Aurangezeb wing – there were six wings / hostels in

all). He was known as a jealous, mean, Cheap and selfish boy who

would getup in the morning before the “WAKING UP” bell / call not

always to study himself but always to stop the alarm clocks of other

boys specially during the examinations. He was specially jealous of me.

Here I would mention a few incidents.

1. On the basis of “ENTRY TEST” in Cadet College, Hasan Abdal,Merit Scholarship was given to only SIX BOYS of our class of

about 80-90 boys. Two of the six boys were in my hostel/wing- –

Aamer and myself. Aamer was very homesick and left in a few

months. So in my hostel I was the only one in my class who had

got the Merit Scholarship on the “Entry test” basis. As a matter of

fact, I got the Merit scholarship throughout my stay in Cadet

College, Hasan Abdal (given to first 20 boys on the basis of

results in the terminal examination. Later in King Edwards

Medical College Lahore, I got Merit scholarship throughout and

after MBBS I got paid House job on Merit).

In final year (i-e 2nd year F.Sc) I was declared the BEST BOY of my

hostel academically who would go and get the academics trophy

on the parent’s day – though I never got that because some other



8


pages)

hostel won the trophy – our hostel / wing was second in academics.

But Manzar Hayat was very angry as I was declared “the best in

studies” by the house master of our Hostel. Manzar Hayat did not

talk to me for weeks.

2. Another incidence which I can vividly recall is:

We were sometimes allowed to go out on weekends. It was

a weekend in 1975-76. We usually went to Rawalpindi and

watched movies. On this weekend our group (Ali, Imran, Wajih

and myself) watched Two Movies – FLARE UP – starring Raquel

Welch – an extremely good looking star of her time and(SHARAFAT) starring Nadeem and Shabnam. On Monday morning

Prof. Asif Malik (our House Master who is I think Principal of CCH

these days) asked me what I did on weekend. I told him. Prof Asif

Malik again asked who were with me I told him, Ali Hammad,

Imran Rashid (Omar Wing) and Wajih Zaheer Kidwai (Jinnah

Wing). Mr Asif Malik remarked laughingly “SO THE CREAM OF

CADET COLLEGE MISSED NOTHING NEITHER RAQUEL WELCH NOR

SHARAFAT”. And we had a good hearty laugh. I vividly rememberhow angry Manzar Hayat was about Professor Malik’s remarks

about me and my friends. He called me a “TRAITOR” who had

best friends in other wings / hostels.

3. On our final “Parents’ Day” our group almost swept the prizes in

studies. Imran Rashid was overall first Wajih was Second. I got

first prize in Physics (Mr. Asif Malik’s Subject) second prize in

Chemistry as well as the prize for the best contributor to the

college Magazine. Ali Hammad if I remember correctly also got acouple of prizes. Any way 90% of the prizes in studies were won

by our group. Later we all four of us came to the King Edward

Medical College Lahore. YourLordship, good healthy

competition among students is not bad. We used to help each

other also. For Example, I remember Ali and Imran coming to my



9


pages)

Hostel to wake me up and other boys specially during

examinations as Manzar Hayat after stopping our alarm

clocks used to go to the Mosque even before “Fajar Prayer” and

was sometimes found sleeping in the Mosque when boys used to

go to the Mosque for “Fajar Prayers”. Such was his kind and

character. In K.E.MC Lahore Manzar Hayat was also with us –

there used to be 20-30 boys of our college in K.E.M.C Lahore each

year.

Manzar Hayat did B.Sc after appearing in English after, I

think, second professional. He wanted to be a bullying, rude andarrogant CSP Officer (True to his nature, well equipped and

capable of insulting and bullying people and making money at

the same time – I have heard from a friend that he is making BIG

INVESTMENTS in USA / UK these days). Anyway he did become a

CSP Officer after B.Sc and CSS examination.. Ali Hammad (My

best Friend – S/o a Provincial Secretary), Imran Rashid (Whose

father was in Wapda – No. 3 or No. 4 after the chairman Wapda)

Wajih Zaheer Kidwai (S/o a 20 Grade Engineer) all went to USA –

as they were very INTELLIGENT and TALENTED as well asECONOMICALLY VERY WELL OFF BEST FRIENDS OF MINE. (My

retired High school Headmaster / Principal father had died in

August 1981 when I was in 3rd year,MBBS , on the Operating table

of the operation theater of Govt. B.V. Hospital Bahawalpur.

Professor of Anaesthesia was the Anesthetist who had

charged us Rs 500/- in 1981 for the anaesthesia that killed my

father. He was later transferred to Mayo Hospital Lahore as head

of anesthesia Department - a reward he got. Surgeon wasProfessor of Surgery. Prof. of Anaesthesia gave my father general

anesthesia. So my father WAS ANAESTHETIZED INTO DEATH

BEFORE TWO 20 GRADE PROFESSORS, one of Surgery and other

of Anesthesia. Surgeon was later made the Principal of

Quaid-e-Azam Medical College, Bahawalpur.



10


pages)

Your Lordship, what an unfortunate people majority

of us are! (I am talking about 90-95% people of Pakistan). The

5% who kill us are promoted / rewarded for killing us brutally /

cruelly. After father’s DEATH I was left alone to be hit by Manzar

Hayat CSP – who was known for his revengefulness and

vindictiveness and used to take pride in Vendetta. “We are

RAJPUTS. We never forgive. When we lost some war in the past,

we used to kill our women. And later we used to take revenge as

soon as we could.” was Manzar’s favorite dialogue.

In 1992 Manzar was in Bahawalpur as ADCG. He was atypical arrogant CSP Officer deriving pleasure by insulting people.

During his stay in Bahawalpur, we met not more than 3-4 times.

• In one of these a few meetings,he proudly and arrogantly told me

how he insulted the Principal of the Govt.Girls College

Bahawalpur BECAUSE the old lady called him “BETA” (the

respected Principal probably knew Manzar’s Mother who was also

a teacher in the Punjab Education Department). He snubbed her

rudely in front of her juniors and was telling me and laughing –deriving great pleasure – a sadistic pleasure I must say.

• In another meeting Manzar Hayat narrated a story:how he

insulted a very senior politician (Mr.Hamza) during his FIRST

POSTING as Assistant Commissioner in Shakargarh. Mr. Hamza,

the elected member of assembly, wanted to meet him. Manzar

would not take Mr. Hamza’s Call – his P.A telling Mr. Hamza

“Sab is Busy in a Meeting Etc.” Finally after 5-6 days, Manzar

did talk to Mr. Hamza and gave him evening time for meeting.When Mr. Hamza Came to his place at the mutually agreed time,

Manzar had already left his place to meet a friend who was an

Army Captain – P.A of some Army General in nearby Cantonment.

So Mr. Hamza the elected representative of that area could not

see Manzar who thought and told me that he did right to insult a



11


pages)

CHEAP POLITICIAN WHO WAS ELECTED BY THE PEOPLE.

YourLordship this was the mentality and Character of

Manzar Hayat.

• In one other meeting Manzar talked about Ishtiaq Naqvi-a LSMF

man ( a medical technician / compounder level person) Manzar

told me that Ishtiaq Naqvi had no self esteem but he was good at

barking like a DOG. So Manzar used Ishtiaq Naqvi to threaten and

blackmail People.

• Later in early September 1992, Manzar Hayat (ADCG Bwp) got

me kidnapped – the kidnappers were Ishtiaq Naqvi LSMF – thesame medical technician / Compounder and a few plain clothed

policemen. Manzar Hayat kept me locked up in a house for a

couple of days. As he loved “Showing off” he used to come to

that house in chauffeur driven official car escorted by a Police

Vehicle. He wanted me to do a few dirty, unethical and

ungentlemanly jobs for him and I had refused. After a couple of

days, he let me go.

After release, I approached LHC Bahawalpur Bench

Telegraphically on 04-09-92 and complained against Manzar

Hayat ADCG Bahawalpur. Some mention of the dirty conduct –

(unbecoming of an officer and a gentle man) Manzar had and

similar dirty jobs he wanted me to do for him were mentioned in

my telegram of 04-09-1992 to LHC Bahawalpur Bench.

A day or two after MY COMPLAIN OF 04-09-92, Manzar came

to my late mother’s place (where my late elder sister Mrs.

Tabussam Fatima was and her child and her husband are still

residing). Manzar Hayat begged my sister to make me take the

complaint back. What Manzar wanted to write to LHC is attached

herewith in his own hand(attached herewith-10). I did take the

complaint back by only writing “Sir (your honor) I take the

complaint back” and nothing more. I wanted to forget this



12


pages)

incidence. I never met Manzar Hayat after that. When he was

(after some time) transferred from Bahawalpur, I went to his

place with my elder sister and wished his wife good luck at their

new place of posting – Manzar had already left.

But Manzar Hayat did not forget this incidence. He felt very

insulted – insulted by a MERE MBBS Doctor whom his

arrogant CSP mentality thought and considered nothing more

than DIRT. The proof of the grudge Manzar had been nursing

since MAY 20, 1972 and later since 04/09/1992 and his instinctive

vindictive Nature – to conduct / persue a personal VENDETTAagainst a rival or a supposed rival, came to surface in 1997-1998-

1999 (when he had become more powerful and senior CSP

officer). He somehow managed to get the known foul-mouthed

and known incompetent LSMF / Medical Technician / Compounder

Ishtiaq Naqvi posted as District Health officer of Bahawalpur – an

officer incharge of all MBBS Medical Officers / Senior Medical

Officers – some of whom were some post graduate Diploma

Holder also. YOURLORDSHIP, this posting of Ishtiaq Naqvi

LSMF as DHO must be the first of its kind in the history of the world. In one of my very few meetings with Manzar as old

Class fellows in early 1992, he had called Ishtiaq Naqvi a barking

DOG used by him as well as by other Bahawalpuri Bureaucracy to

Bark at, Threaten & Blackmail innocent people.

YourLordship, my late father Mr. Mukhtar Ahmed Shaikh

B.A.B.T. used to say, “A Government Servant / Officer dies

twice. The first time is when he goes on retirement, and the

second time is when he actually dies and ceases to breathe”.

YourLordship, what made the then Director Health

Bahawalpur (a MBBS Doctor, a senior citizen who retired from

the same post shortly after getting me dismissed) want to get me

fired at 40 without even knowing me personally? Why the



13


pages)

infamous LSMF Ishtiaq Naqvi was Made DHO who almost

daily had verbal and at times physical fights with young MBBS

Doctors?

Sir, I am almost sure – as sure as one could be in such

matters in our UNFORTUNATE CSP– RUN COUNTRY (specially

before the present higher judiciary which has given me the

courage to write this application) that – Manzar Hayat CSP who

had become more powerful in 1997-1999 than he was in 1992

plus his CSP Friends were at the back of getting LSMF Ishtiaq

Naqvi posted as acting DHO Bahawalpur who started making andmanufacturing false cases-the only job he was specialist in-

against me as soon as he took charge. He was a very old man

and as far as age is concerned he was senior to the then Director

Health Dr. Fazal Mehmood. He was probably on extension Young

MBBS Doctors even had physical fights with him. As he was foul-

mouthed also, verbal fights with dirty words was the daily

routine. In fact, a few Young MBBS Doctors did not allow him to

enter their offices or enter the premises of their medical centers.

Ishtiaq Naqvi LSMF on the basis of a few complaints against me,manufactured by him, recommended my transfer.

The Director Health Bahawalpur first ordered me in his

office at his disposal in November 1998 (Order No. 17-

K/MO/9601-9606/ESTT dated Nov, 10-1998- attached herewith-

11). After a couple of months the director issued order of my

posing in a remote village out of Bahawalpur District against the

Govt. of the Punjab order that I was to be posted in Bahawalpur

district and also against his own promise that I would be soonposted in Bahawalpur City in reply to my application dated 11-05-

1998(Attached herewith-12) in which I had pleaded that I had

served more time in rural area than it was required according to

the Government Policy. This prejudicial, cruel and un-just attitude

of Bahawalpur Health Authorities became the cause of my illness



14


pages)

and depression as I knew quite a few doctors – sons & daughters

of BIG GUNS (CSP Officers, Army Officers & Political Stalwarts),

who had spent NOT a single day in a village and had always been

in teaching hospital or Medical Colleges or at least in big cities. I

fell ill and depressed. I got Medical docket and received Medical

treatment in Rahim Yar Khan as well as in Bahawalpur Hospitals.

_________________________

My Lord,

Now I come to the Secretary Health Government of the

Punjab (the authority), “Dismissal from service” order dated 13-06-

2001 and the Secretary Health,Punjab letter dated 03-04-2009 (written

in compliance of the orders of honourable Lahore High Court Lahore

dated 09-03-2009 passed in my writ petition No.

1160/2009/Bahawalpur VERSUS The Secretary Health, Punjab and The

Chief Secretary, Punjab –DECLARING MY REQUEST REASONABLE AND

DIRECTING THE CONCERNED TO DECIDE MY DEPARTMENTAL APPEAL

within 4 weeks attached herewith-03). As the member Punjab Servicestribunal (MPST) rightly wrote in point one on page (02) of his judgment

sheet that I meant to ASSAIL these two orders / letters in appeal No.

937 of 2009 before his goodself, I come to 13-06-2001 order and 03-

04-09 letter of the Secretary Health Government of the Punjab One by

one.

1- THE SECRETARY HEALTH, GOVERNMENT OF THE

PUNJAB LAHORE, “Dismissal from Service" order dated 13-

06-2001. (Attached herewith-02)



15


pages)

I am going to try to REBUT each and every point of this order

one by one and comprehensively specially because the respected

Member Punjab Services Tribunal (m PST) remarked in Point 07

of his judgment that 13-06-2001 order was not rebutted to his

satisfaction by my learned council. I do not comment on this

observation of the respected member PST.

Sir, first I am going to REBUT one by one point 1 - 5 of

“dismissal from service order”dated 13-06-2001 of the Secretary

Health Government of the Punjab(May Almighty Allah help

me,Ameen)POINT 1: (of Dismissed from service order dated 13-06-

2001)

According to 13th June 2001 "dismissal from service" order by

the Secretary Health, Punjab, I was proceeded against under

provisions of Punjab Civil Servants (E & D) rules 1999 on the

charge of misconduct i.e willful absence from duty w.e.f 11-

11-1999 / non compliance of transfer orders.

My Lord, these charges are TOTALLY INCORRECT.

(A) I have been accused of being willfully absent from duty while I

was ill and the Bahawalpur Health Authorities were informed

about my illness by my brother (Professor Bilal Ahmed Who was

head of the English Department Govt. College Rahim Yar Khan)

as well as by myself in writing with medical certificates as well as

verbally in person. In fact, Dr. Fazal Mahmood (the then Director

Health, Bahawalpur) knew my doctor (Prof Dr. Abdul MananBabar Prof. of Surgery QMC Bahawalpur) under whose treatment I

was during this period and even after this period as my condition

(Severe hemorrhoids and anal fissure) worsened first due to the

unkind, un-understanding, bullying and unsympathetic attitude of

Bahawalpur Health Authorities and later after “the dismissal from



16


pages)

services order of 13-06-2001” Depression worsened the condition

even more. In fact I had undergone surgery for this also.

The Director Health Bahawalpur letter to the Secretary

Health Punjab dated25-08-2000 is attached herewith-13. While I

was asking him to issue me medical docket, the Director Health

was requesting the Secretary Health, Punjab that medical docket

for my invalidation to Medical Superintendant B.V. Hospital,

Bahawalpur be issued as I was not at the strength of Bahawalpur

Directorate.

Your lordship,this 25-08-2000 letter(Attached herewith-13)of the Director Health Bahawalpur speaks of:

(a) The MOST CRUELEST ATTITUDE of the Director Health

Bahawalpur towards a 40 years old medical Graduate (I was 40

then) who had done FSc from Cadet College Hassan Abdal and

medical Graduation from the King Edward Medical College Lahore

and who was suffering from haemorhoids and anal fissure and of

course DEPRESSION due to the cruel attitude of Bahawalpur

Health Authorities. How could such a senior Doctor (The Director

Health Bahawalpur who retired shortly after getting me

dismissed) write to the Secretary Health, Punjab for my

invalidation because I was suffering from haemorhoids and anal

fissure? While the concerned surgical specialist Doctor advised

rest and infact Sheikh Zayed Hospital,Rahimyar khan Medical

Board headed by Medical Superintendant and B.V Hospital

Medical Board Headed by M.S had even declared me FIT TO

RESUME DUTY - as people suffer from these diseases and evenworse like Blood Pressure and Diabetes, Heart disease and even

Cancer but are fit to do Government Jobs. (fit to resume duty

certificates attached herewith-14,15 & 16).

(b) The Director Health,Bahawalpur was requesting the Secretary

Health,Punjab to issue medical docket as I was not at the



17


pages)

strength of Bahawalpur Health Directorate. THE POINT I WANT TO

MAKET IS : Inspite of my illness, I wanted to work, as this job was

my only source of Income but the Director Health Bahawalpur

would NEITHER give me medical docket NOR allow me to join

wherever he had posted me. Again during the inquiry, the

Departmental Representatives letter to Inquiry Officer Dated 14-

03-2009 shows and reveals similar HOSTILE ATTITUDE as under

(Attached-17).

(a) The B.V hospital Bahawalpur Medical Board declared me fit

to resume duty, the departmental representative wrote toInquiry Officer that I was not fit.

(b) Instead of going to Multan personally (as required by P.C.S

(E&D) Rules 1999) the departmental representative sent a

junior clerk, Mr. Pervaiz Akhter, with my personal file.

Your Lordship, you can see:

i) I was ill.

ii) Inspite of that I was ready to go wherever I was being sent but was

being stopped by the Bahawalpur Health Authorities.

iii) And the respected Secretary Health Govt. of the Punjab Dismissed me

from service on the charge of willful absence from duty w.e.f 11-11-

1999.

Your Lordship, is it not INCREDIBLE? Is it not cruel and hostile

attitude of the authorities? Why should so senior officers as the

Director Health Bahawalpur (a 20 grade Officers close to

retirement) and the Secretary Government of The Punjab (again a

20 grade senior officer) wanted to FIRE a 40 year old medical

Graduate? Why Manzar Hayat (CSP) calls me frequently

these daysto say SORRY specially in the last 2-3 years when

most of my K.E.M.C class fellows have come to know about this

under the belt blow given to me by Manzar Hayat CSP?



18


pages)

(B) Your Lordship, now I come the second part of the charge/charges

against me that is “non compliance of transfer order”.

Sir, the first point of the “Dismissal from Service order dated June

13, 2001 of the then Secretary health Mr. Shahid Hussain Raja Sahib

reads: “No S.O (C.III) K-3/99 whereas Dr. Khalid Mehmood, Medical

Officer, BHU Goth Mehrab, Distt. Bahawalpur was proceeded against

under the provisions of PCS (E & D) rules 1999 on the charge of

misconduct i.e willful absence from duty w.e.f 11-11-1999 / non

compliance of transfer order”.

“Non compliance” of which transfer order I have been chargedwith? Is it the Director Health Bahawalpur Order dated December

31, 1998? If it is, then how can I be punished for the so called “Non-

compliance” of this Director Health Bahawalpur December 31, 1998

transfer order (which was also against the Govt. of the Punjab order

dated 03-08-1995) under the PCS (E & D) rules 1999 which came

into force on June 21, 1999?

Your Lordship, this very fact makes the Secretary Health Punjab

“Dismissal from service order’’ dated 13-06-2001, ILLEGAL, ILLICIT

as my lawyer also mentioned this fact verbally as well as in writing

before member PST calling this “13-06-2001 dismissal from service

order” UNLAWFUL. In fact this is incredible and unbelievable that so

senior persons as the Secretary Health Punjab and the member PST

did not take this fact into account for reasons best known to them or

Almighty Allah or I refer to the PREAMBLE of this appeal / application

to your honor. Even the honorable Judge of Lahore High Court on 09-

03-2009 called my request “REASONABLE” and DIRECTED theconcerned authorities to make decision on my appeal dated 12-07-

2001 to the Secretary Health Punjab and 20-08-2003 to the Chief

Secretary Punjab (Honourable Lahore High Court Order dated 09-03-

2009 is attached herewith-07 ).



19


pages)

Your Lordship, the Secretary Health, Punjab punished me under PCS

(E & D) Rules 1999 in his order dated 13-06-2001 on the charge of

misconduct i.e willful absence from duty w.e.f 11-11-1999 / non

compliance of transfer order without mentioning the TRANSFERRING

AUTHORITY and without mentioning the DATE OF THE TRANSFER

ORDER.

When the Secretary Health Punjab wrote the letter in compliance

of the orders of Honorable Lahore high court Lahore dated 09-03-

2009, the charge against me is / was (I quote) (S.H. Punjab letter

dated April 03, 2009 is attached here with-03) “2. Dr. KhalidMahmood was proceeded under PCS (E & D) rules 1999 on the

charge of willful absence from duty with w.e.f 11-11-1999

………………”Similarly, the very first sentence of the senior Law

Officer under the heading of “PRELIMINARY OBJECTIONS” of the

Report and Comments on behalf of the secretary Health Punjab and

the Chief Secretary, Punjab” sent to member PST in 2009 reads.

“the Penalty of dismissal from service under (E & D) rules 1999 was

imposed upon appellant on the charges of unauthorized absence

vide order dated 13-06-2001………”. (The Senior Law Officer’s“report and comments” on behalf of the Secretary Health, Punjab

and the Chief Secretary, Punjab are attached herewith- 04).

My Lord, while on one side the S.H Punjab and the SLO (of the

Health Department on behalf of the S.H. Punjab and the C.S. Punjab)

HALVED the charges against me in 2009 (i.e did not mention “non

compliance of transfer order” as was done in 13-06-2001

“Dismissal from service order” by the then S.H Punjab), on the other

hand, they have committed CONTEMPT OF COURT by calling my

appeal TIME BARRED after the Honorable Lahore High Court had

called my request REASONABLE and DIRECTED the concerned to

decide my departmental appeals. In fact, they, specially the

S.L.O of the health department MISGUIDED and CONFUSED

the respected member PST by writing irrelevant stories of



20


pages)

1995 - having nothing to do with the charges against me. I will be

taking up this point i.e Partiality And Ill Will And Misguidance of

departmental authorities specially the Senior law Officer’s (as is

evident in the report and comments on the behalf of the Secretary

Health, Punjab and the Chief Secretary. Punjab sent to respected

member PST) when I come to the judgment of member PST. In fact,

as the judgment of the member PST is based primarily on what

Departmental Authorities wrote i.e the S.L.O’s “report and

comments” and the “original order dated 13-06-2001” as well as

the Secretary Health, Punjab letter written in compliance to

honorable LHC order in 2009, I most humbly and respectfully saythat the respected member PST has also committed CONTEMPT OF

COURT. (As he followed the Departmental Authorities’ WRONG AND

UNLAWFUL point of view instead of giving any weight to MY STAND

which has been declared REASONABLE by the Honorable

Lahore High Court Lahore).

My Lord, as far as I can make out, I cannot be punished for

“non compliance of a transfer order" (which, I guess, is dated

December 31, 1998. NO DATE OF THE TRANSFER ORDER IS

MENTIONED IN THE DISMISSAL FROM SERVICE ORDER DATED 13-06-

2001) EVEN IF IT WERE TRUE (while it was not) under PCS (E & D) rules

1999 which came into FORCE / BIRTH on June 21, 1999. The Director

Health, Bahawalpur transfer order dated December 31, 1998 was

received by me in early January 1999. I appealed against this order on

January 15, 1999. Later I fell ill (hemorrhoids and anal fissure for which

I had undergone surgery also). My illness was intensified and my

condition got worse due to the cruel and unsympathetic attitude of Bahawalpur Health Authorities. I got medical docket for medical

treatment from Director Health, Bahawalpur and in fact remained

admitted in a Government Hospital for some time and this was all

known to Bahawalpur Health Authorities.



21


pages)

My Lord,the charge of non-compliance of a dateless transfer order

(which I guess is the Director Health, Bahawalpur transfer orderdated December 31, 1998) factually goes against the authority which

levelled or used it against me as this transfer order of Director health,

Bahawalpur was NOT ONLY against the Secretary Health, Punjab order

dated 03-08-1995 BUT ALSO against the general Government policy –

as of course our beloved Government never wanted a youngman to

remain buried in road-less, water-less, electricity-less, rural area

FOR GOOD. Our Government did have some rules, at least on paper,

which asked of the Government to send fresh Medical Graduates to

rural areas for 2-3 years and not FOR GOOD. This rule of serving in

rural areas for 2-3 years never applies / applied to sons /

daughters of CSP Officers / Army Officers / otherwise BIG GUNS

who call the shots in our unfortunate country.

Probably due to these reasons (and also because I had been ill

– in fact forced into illness due to this cruel attitude of the

authorities) this charge of “non compliance of transfer orders” was

NEITHER mentioned in the Secretary Health, Punjab letter dated

April 03, 2009 (written in compliance of the orders of honorable

Lahore High Court Lahore dated 09-03-2009 passed in my writ

petition) NOR by the senior law officer of the Health Department in

his “Report and comments on behalf of the Secretary Health, Punjab

and the Chief Secretary, Punjab” sent to the Member PST in 2009.

As the VERY MENTION of this December 31, 1998 order makes the

“Dismissal from service order” dated June 13, 2001 Unlawful

and Illegal.

POINT-2: (of Dismissal from service order dated 13-06-2001)

As far as point 2 of “The dismissal from the service”

order of the Secretary Health Govt. of the Punjab dated 13-06-

2001 is concerned my submissions are as under:



22


pages)

The first sentence of this point 2 is a statement of a fact. As far

as the second sentence of this point 2 is concerned, it is notonly LINGUISTICALLY wrong and confusing but also full of

FALSEHOOD and is INCORRECT.

The letter of the Director Health Services Multan (my inquiry

Officer) dated 10-05-2000 (attached herewith-18) is my best

DEFENSE (as far as this point 2 is concerned) in which the

enquiry officer has admitted that I gave my defense on 27-12-

1999 again on 03-01-2000 and again on 30-03-2000. I received

the charge sheet dated 16-12-1999 by post and appeared

before the inquiry officer (the Director Health, Multan) on 27-

12-1999 – as asked by him – and gave my defense verbally as

well as in writing (as admitted by the enquiry officer in his

letter dated 10-05-2000). The enquiry officer letter dated 16-12-

1999 i.e. my charge sheet was received by Bahawalpur

Directorate on December 23, 1999 (16-12-1999 letter attached

showing receipt date by Bahawalpur Health Directorate as 23-

12-1999- 19a,b). But the Departmental Representative LIED in

his letter (attached herewith- 20) dated January 24, 2000 to

the Inquiry Officer that as inquiry Officer letter dated 16-12-

1999 was not received by him in time, he could not come to

Multan on 27-12-1999.

Your lordship, this was a LIE and a serious one at that– as

according to PCS (E & D) rules 1999 Departmental

Representative’s presence during inquiry proceedings is aMUST Story is not complete as yet, your lordship. The Director

Health Bahawalpur ordered me to receive 16-12-1999 letter

(i.e. my charge sheet) of the inquiry officer on 04-01-2000 for

the second time –attached herewith - 21) inspite of my



23


pages)

telling and explaining to him that I had not only received the

16-12-1999 letter of the inquiry officer by post, but had alsogone to Multan and had seen him and given my defense

verbally as well as in writing on 27-12-1999. To which the

Director Health Bahawalpur casually replied, “It is just a routine

formality – just to fill the files”. The Director Health Bahawalpur

letter dated 06-01-2000 (attached herewith-22) to the

inquiry officer shows that to get inquiry officer charge sheet

dated 16-12-1999 received by me on 04-01-2000 was NOT A

ROUTINE MATTER but part of A VICIOUS PLANNING ANDCONSPIRACY to cover up the incompetency of Bahawalpur

Directorate and Departmental Representative and paving the

way for The Departmental Representative to write the letter

dated January 24, 2000 – IN WHICH THE DEPARTMENTAL

REPRESENTATIVE LIED. (Attached herewith- 20).

I am sure, YOUR LORDSHIP must have seen through by now the

conspiracy of Bahawalpur Health Authorities (The Departmental

Representative as well as The Director Health Bahawalpur Dr.

Fazal Mahmood). From the very start of the inquiry proceedings,

they had been LYING to me as well as to the inquiry officer.

According to PCS (E&D) rules 1999 (under which my inquiry was

supposed to have been conducted and later I was punished) THE

AUTHORITY while sending the record to the inquiry officer /

inquiry committee shall appoint a SUITABLE OFFICER to act as a

Departmental Representative. The Departmental Representativeis supposed to be personally present fully prepared with all the

relevant material on which the charge sheet is based.

Your Lordship, in one letter dated 24-01-2000 (that I could

find when given limited access to my personal file by the Director



24


pages)

Bahawalpur on 07-09-2006-attached herewith-23) the

Departmental Representative LIED. The other letter is dated 14-03-2000 (attached herewith-17) according to which he sent my

personal file to the inquiry officer through Mr. Pervaiz Akhtar, a

Junior Clerk and the contents of the letter speak of the

Departmental Representative’s prejudice against me. Sir, the

SIGNATURES are also not same on these two letters (i.e. letter of

Departmental Representative dated 24-01-2000 and 14-03-2000

both are attached herewith- 20, 17).

My Lord, Your goodself can see how SUITABLE the

departmental representative was – a liar, a cheat and an ignorant

person as far as PCS (E&D) rules 1999 are concerned. In letter

dated 14-03-2000 to inquiry officer the Departmental

Representative wrote. I QUOTE “According to the standing

Medical Board’s report dated 25-11-1999, at present he (I, i.e Dr.

Khalid Mahmood) has no disease so he is fit to resume duty when

the actual position is apposite”. As far as I, a medical Doctor

understand, not even the King / Queen of England can disagree

with the Medical Board Certification of a teaching hospital medical

board headed by the MEDICAL SUPERINTENDANT – what to talk of

Departmental Representative – an administrative person of 17-18

grade.

My Lord, Your goodself must have, by now seen the NAKED

PREJUDICE of Department representative and his Boss , The

Director Health Bahawalpur against me for reasons best known tothem or Almighty Allah or I refer to preamble of my this

application / appeal.

My Lord, the fact of the matter is: the Bahawalpur Health

authorities never wanted me to join duty as is clearly seen in



25


pages)

letter dated 14-03-2000 (the letter of the Additional Director

Health Bahawalpur – the Departmental Representative – toinquiry officer – the Director Multan attached herewith -17). In

fact this attitude of the Director Health Bahawalpur and the

Departmental representative had already made me ill and

depressed again (Medical certificates attached- 24-30). I

applied for medical docket to the Director Health Bahawalpur who

instead wrote to the Secretary Health, Punjab a letter dated 28-

08-2000 (attached herewith- 13) requesting the Secretary

Health, Punjab that MEDICAL DOCKET FOR INVALIDATION to MS.B.V.H Bahawalpur be issued as I was not at the disposal of

Bahawalpur Health Directorate. Why should the Director Health,

Bahawalpur want a 40 year old (EX- ABDALIAN & EX- KEMKOLIAN)

to be declared invalid instead of asking and encouraging him to

join duty after being declared FIT TO RESUME DUTY by the MS

B.V. Hospital Bahawalpur on 25-11-1999? THIS, the Director

Health, Bahawalpur was asking the Secretary Health, Punjab

while I was not at his disposal according to his own letter to theSecretary Health, Punjab dated 28-08-2000. WHY?

Sir, I can only make a guess that such type and kind of cruel

and prejudicial attitude of the Director Health Bahawalpur and his

Departmental Representative was because Manzar Hayat

(B.Sc CSP) wanted this. (Kindly refer to the preamble). In fact,

Manzar Hayat has admitted this in front of a few class fellows that

he was behind this and has been making calls to me recently tosay “SORRY” (very convenient “word” to get away with the cruel

deeds done to me at 40 and then saying sorry when I am 51). And

this “SORRY” is NOT even sincere, Sir, as I know Manzar Hayat.

This is because a good Number of our class fellows at Cadet

College Hasan Abdal and at King Edwards Medical College Lahore



26


pages)

have come to know what under the belt, vicious blow Manzar

Hayat gave me and also because of the PRESENT INDEPENDENTHIGHER JUDICIARY.

POINT: 3 (of the dismissal from service order dated 13-06-2001)

My lord, as far as point: 03 of the “Dismissal from service”

order of the Govt. of the Punjab (dated 13-06-2001) is concerned,

my submissions are as under:

I was Not served with any notice by OR from the

Secretary Health Punjab. The Secretary Health, Punjab must have

served the show cause notice through press as he wrote in 13-06-

2001 “Dismissal From Service” order. BUT why did he have to

serve the notice through press when he had already done it or got

it done otherwise? And why did the Secretary Health, Punjab

chose the “Daily Business” (date 13-10-2000) - an unheard of

paper specially in the Medical Community of Bahawalpur to serve

“Show cause notice” to a doctor who, he knew, was ill and single

and was lying in a doctors hostel room (through my letters in

reply to his 02-09-2000 and 26-09-2000 letters in which he called

me for personal hearing on 13-09-2000 and on 07-10-2000

respectively. The photocopies of these letters attested by my

doctor Prof. of Surgery Dr. Abdul Manan Babar (FRCS, FCPS) are

attached herewith (31-32). As a matter fact, the Director

Health, Bahawalpur also informed the S.H.PB. about my ILLNESS

in his letter to the Secretary Health, Punjab dated 25-08-2000(Photocopy attached- 13) which I am sure, the Secretary

Health must have seen before 13-10-2000--when his good self

used the “Daily Business” to serve “show cause” notice to me

through press.

My Lord,



27


pages)

Before coming to my meeting with the respected Secretary

Health Punjab on 14-12-2000 (according to his written orderwhen he was nice enough to call me in his office only to tell me

that I was to come again in a couple of days as he was busy then)

and on 18-12-2000 which has some details, My Lord, I most

respectfully ask of Your goodself to read the Director

Health, Bahawalpur letter to the Secretary Health (No. 17-

K/MO/5028-5029/Estt.dated 25-08-2000--attached

herewith- 13).

This letter NOT ONLY REBUTS this point BUT ALSO in fact

rebuts the main charge against me i.e willful absence from duty.

In the FIRST paragraph of this letter, it is clear that “Disciplinary

proceedings” were under process on the charge of willful absence

from duty (THERE IS NO MENTION OF ANY TRASNFER

ORDER). In the SECOND PARAGRAPH, the D.H.BWP is admitting

that I was REPEATEDLY submitting applications to him for

MEDICAL DOCKET (How could my absence be willful then?)

As far as the THIRD Para of this letter dated 25-08-2000 is

concerned, the Secretary Health, Punjab has been asked to issue

Medical Docket to me as I was not at the strength of the

Bahawalpur Directorate. This Director Health, Bahawalpur letter

dated 25-08-2000 explains why I could not appear before the

Secretary Health, Punjab on 13-09-2000 and 07-10-2000 PLUS my

absence was NOT willful. Inspite of my illness I wanted to join duty

—as this job was my only source of income. But the D.H. BWPwould NEITHER give me Medical Docket to get medical treatment

NOR would let me join duty-- saying I was not at the strength of

Bahawalpur Directorate. My Lord, this letter of the then D.H.BWP

(Dr. Fazal Mehmood) dated 25-08-2000 is no ordinary routine

letter. It is hell bent to get me FIRED.



28


pages)

My lord, The charge against me (as mentioned in the Secretary

Health, Punjab letter dated April 03-2009, written in compliance of Honorable Lahore High Court order of 09-03-2009 and by the

Senior Law Officer on behalf of the Secretary Health Punjab and

the Chief Secretary Punjab) i.e. wilful absence from duty w.e.f

11-11-1999—has been (in my opinion) more than REBUTTED in

this letter specially the last Para which reads: “It is,

therefore, requested that Medical Docket for invalidation to

Medical Superintendent B.V Hospital BWP is to be issued from

your department (i.e by the Secretary health, Punjab from theSecretariat) as the above named doctor (i.e. I, Dr. Khalid

Mahmood) is not at the strength of this Directorate now.”(The

Director Health Letter dated 25-08-2000 attached

herewith-13).

Now I ask of your kind and wise self, My Lord, what could I

(an ill person) do? The Director Health, Bahawalpur would

NEITHER give me Medical Docket for medical treatment NOR

would let me join where he had transferred me against the Govt.

of the Punjab order dated 03-08-1995.In fact Dr. Fazal Mehmoood

(Director Health, Bahawalpur - a Senior 20 grade officer close to

retirement), the transferring authority of mine, was opposing me

along with the Departmental Representative and all the

Bahawalpur Directorate and the Secretary Health, Punjab

dismissed me on the charge of willful absence. In my opinion, My

Lord, this letter of the Director Health, Bahawalpur supports mypoint of view that 13-06-2001 Dismissal from Service order of

the then Secretary Health Punjab Lahore is ILLEGAL and

UNLAWFUL -- as had been brought in the notice of member

Punjab Services Tribunal by my lawyer in black and white

also.



29


pages)

My Lord,

Now I come to my meeting with the Secretary Health Punjabon 14-12-2000 (in compliance of his written order) and actual

and detailed meeting on 18-12-2000 (receipt of PERMISSION

to enter the Secretariat on

18-12-2000 is attached herewith -33) when the Secretary

Health, Punjab did grant me an interview/ personal hearing. I gave

the Secretary Health, Punjab photocopies of my MEDICAL

CERTIFICATES as well as the Director Health, Bahawalpur letter

date 28-08-2000, informing him that while being ill, I had been

asking for medical docket for medical treatment, the D.H.BWP

had written to the Secretary Health, Punjab to issue Medical

Docket for my INVALIDATION (at the age of 40) to M.S B.V.H BWP

instead of giving me medical docket for treatment, writing I was

not at the strength of BWP H. Directorate.

My Lord,is it not INCREDIBLE and UNBELIEVABLE that after

this letter of the Director Health Bahawalpur dated 28-08-2000,the Secretary Health, Punjab dismisses me (an ill person whom

D.H.BWP is NEITHER giving Medical Docket for Medical Treatment

NOR letting me join where he transferred me against the Govt. of

the Punjab order dated 03-08-1995—saying I was not at the

strength of BWP H. Directorate) ON THE CHARGE OF WILLFUL

ABSENCE FROM DUTY ?

My Lord,in18-12-2000 personal hearing before the SecretaryHealth, Punjab I also gave him the photocopy of the letter of

Inquiry Officer (Multan Director Health) dated 10-05-2000

attached herewith -18) in which the Inquiry Officer had

admitted that I gave my defence on 27-12-1999 again on

03-01-2000 and again on 30-03-2000. I also brought in the



30


pages)

notice of the Secretary Health, Punjab that Departmental

Representative had LIED in his letter dated 24-01-2000(attached herewith-20) in which he wrote to Inquiry Officer that

he could not come to Multan on 27-12-1999 as he had not

received the inquiry Officer letter date 16-12-1999 (My charge

sheet) well in time while the Bahawalpur Health Directorate had

received the Inquiry Officer dated 16-12-1999 (i.e. my charge

sheet) on 23-12-1999 (16-12-1999 letter attached with

Bahawalpur Directorate stamp and receipt date i.e 23-12-1999

-19-a,b,) I had also received it around 23-12-1999 and had goneto Multan on 27-12-1999 and gave defense as has been admitted

by the Inquiry Officer in his letter dated 10-05-2000 (attached

herewith-18).

My Lord, I also brought in the notice of the Secretary Health,

Punjab that the Director Health BWP (Dr. Fazal Mehmood) was

trying to support and protect the LYING departmental

representative by writing a letter on 06-01-2000(attached

herewith - 22) to the INQUIRY OFFICER (after ordering me to

receive inquiry Officer letter dated 16-12-1999 on 04-01-2000 for

the second time in spite of my explaining the D.H. BWP that I had

NOT ONLY received 16-12-1999 letter i.e. my charge sheet, of the

inquiry Officer by post well in time to go Multan on 27-12-1999

as required / ordered by the inquiry Officer BUT ALSO had already

given my defense as admitted by the inquiry Officer, the Director

Health, Multan in his letter dated 10-05-2000). Why did theDirector Health, Bahawalpur do this? To hide his

incompetence / incompetence of his office? To support the LYING

and incompetent Departmental Representative?



31


pages)

My lord, I also brought in the notice of the Secretary Health,

Punjab that Departmental Representative LIED to the Inquiryofficer in his 24-01-2000 letter (attached herewith- 20). I also told

the Secretary Health, Punjab that in 14-03-2000 letter (attached

herewith-17) to Inquiry Officer, the Departmental Representative

had the COURAGE to disagree with the decision of Medical Board

headed by the M.S. B.V. Hospital, BWP a teaching hospital. The

Departmental Representative sent to Inquiry Officer (The Director

Health Multan) a junior clerk (Mr. Pervaiz Akhtar) in his place. My

lord, according to PCS (E&D) Rules 1999, “The DepartmentalRepresentative shall be personally present fully prepared with all

the relevant material on which the charge sheet is based. And the

authority while sending the record to the Inquiry Officer/

Committee shall appoint a SUITABLE OFFICER to act as

Departmental Representative to assist Inquiry Officer / Inquiry

Committee”.(PCS E&D rules 1999- attached herewith 58-

69a,b,c.- 34 – 08 Leaves/15 pages)

My Lord, how could a LIAR and an IGNORANT person (Specially

ignorant about PCS (E&D) Rules 1999) be a SUITABLE OFFICER

to be the DEPARTMENTAL REPRESENTATIVE? If Your goodself

sees the two letters written by the Departmental Representative

to the Inquiry Officer, Your goodself SHALL find the signatures

are not same. (The two letters are attached herewith – 17, 20). I

SMELL RAT, something FISHY FISHY and CHEATING here, too.

It is upto Your goodself to decide. But for me , it is INCREDIBLEto believe that a LIAR, a CHEAT and an IGNORANT person—at

least as far as PCS (E&D) Rules 1999 are concerned, was

considered a SUITABLE Officer by the Secretary Health Punjab,

The Director Health Bahawalpur and Director Health Multan (the

Inquiry Officer) to be the Departmental Representative.



32


pages)

POINT: 4. (of the “Dismissal from Service Order” of the Secretary

Health, Punjab dated 13-06-2001)

My Lord,as far as the Point 4 of the “Dismissal from Service”

order dated

13-06-2001 is concerned, my submissions are as under: The

respected Secretary Health, Punjab formed “OPINION”---

considered, of course, as he wrote—that charges set forth against

me--has (have) been proved beyond any doubt “On the

consideration of the recommendation of the Inquiry Officer and

after consulting the entire record/material pertaining to this

inquiry”. The Secretary Health, Punjab is MOST probably referring

to the INQUIRY mentioned in the SECOND SENTENCE (of point 02

of this 13-06-2001 order) which is not only LINGUISTICALLY

INCORRET AND CONFUSING but also FACTUALLY WRONG as well.

And I am CONVINCED I HAVE ALREADY REBUTTED it

EXCELLENTLY.

My Lord, I have used the words “CONVINCED” and“EXCELLENTLY” as the “Dismissal from Service” is a very

SERIOUS and GRAVE matter for me and I cannot afford to be

casual. My late father (Ex-Headmaster / Principal of various

Govt. High Schools in the Punjab) used to say, “A

government servant / officer dies TWICE. First time is when he

retires, the second and final time is when he actually dies and

ceases to breathe”.

My Lord, getting “FIRED” was like getting KILLED for me.

Your goodself is the best judge but in my opinion / considered

opinion it is not fair, right or correct TO KILL AN EDUCATED

human being – ex-excellent student of Cadet College Hasan Abdal

and a MEDICAL GRADUATE of King Edward Medical College



33


pages)

Lahore without being convinced of the crime he committed. What

is opinion? (a belief or a view about somebody / something notnecessarily based on facts) and what is considered opinion? –

Opinion formed after some thought.

My Lord, MAJOR PENALTY of Dismissal from Service is / was

synonymous to DEATH PENALTY for a person like me who

comes of a family of Government Servants. My both grandfathers,

my father, my brothers, their wives and my sister and her

husband - all are / were in Govt. Service or in semi Government

Institutions. I am sure Death Penalty is not awarded on the

basis of opinion, no matter how considered the opinions

are.

My Lord, who could know better than Your goodself that

Honorable Judges mostly cannot sleep for nights before awarding

death penalty and they break the pen to openly show that they

have/had done an unpleasant duty. How could the Secretary

Health Punjab dismiss me (Kill me) so casually without beingconvinced of my crime - on the basis of opinion – no matter how

considered the opinion may be? Probably this is CSP – style

which has so brutally and arrogantly brought us and our nation /

country on the BRIM OF DISASTER.

My Lord, kindly forgive me for my emotional out-burst. But

this is because of your goodness’s reputation – a kind, daring,

intelligent and world renowned judge who has the guts to see inthe eye of an army general and refuse him – an unheard of

phenomenon in our unfortunate bureaucratic – run country. If

Your goodself orders Manzar Hayat CSP and the then

Secretary Health Punjab, Director Health Bahawalpur, the

Departmental Representative and the inquiry officer in



34


pages)

your presence, I am sure they shall breakdown in your

presence by your intelligence and wisdom no matter howwickedly practical / pragmatic they might be and Your

goodself shall definitely see (Insha-Allah) their faces and

hands smudged with my blood.

My Lord, I have not been given any ACCESS to my

inquiry record / material. As a matter of fact my own personal

file was not given or even shown to me as long as Dr. Fazal

Mahmood was the Director Health Bahawalpur. When I applied to

D.H. Bahawalpur in 2006 to let me have the photocopy of my

personal file – the Director health in 2006 first agreed. But the old

clerk (who was there when Dr. Fazal Mahmood was D.H

Bahawalpur) ran to Director Health Bahawalpur Room to have a

secret meeting with him and without me after which I was asked

to write an application (attached herewith -23) on which the

D.H Bahawalpur wrote that the papers required by me be

provided and the clerk decided what / which papers I needed. 20-

30 pages / leaves were not given to me as according to the clerk

they were confidential.

Your Lordship, I request Your goodself to:-

(a). Order the Director Health Bahawalpur that the whole of my

personal file be given to me or the Honorable Court.

(b) Order the Director Health Multan (The inquiry officer) to give

me or the honorable court ENTIRE RECORD / MATERIAL

pertaining to my enquiry – which formed the opinion,

considered of course – of the Secretary Health Punjab.

(c) Kindly have a look again on the inquiry officer (The

Director Health, Multan) letter dated 10-05-2000 in which



35


pages)

while admitting that I gave my defense on 27-12-1999, 03-

01-2000 and 30-03-2000, he asked of me why did I not joinduty after being declared “fit to resume duty” by B.V

Hospital Medical Board on 25-11-1999? Along with it, I ask

of Your goodself to read again the Director Health,

Bahawalpur letter dated 25-08-2000 which asked of the

Secretary Health, Punjab to issue medical Docket to me as I

was not at the strength of Bahawalpur Health Directorate.

DID THE SECRETARY HEALTH SEE these letters before

dismissing me from service on the basis of his

CONSIDERED OPINION? And if he did see or if he did not,

in both cases he has been guilty of KILLING a 40 year old

excellent student of Cadet College Hasan Abdal and a King

Edwards Medical College Lahore Medical Graduate and

Killing on the basis of some wrong and PREJUDICED INPUT

(from the subordinates) which formed his opinion –

considered opinion of course, as his goodself wrote in 13-

06-2001 DEATH (Black) Warrant.

My Lord, had the SECRETARY HEALTH, PUNJAB EXERTED a

little bit, in true sense of the word, he could not have

signed the “Dismissal from Service order” dated 13-06-2001

and imposed the major penalty on me for the charges

mentioned – including “non compliance of a DATELESS

transfer order and without mentioning the AUTHORITY which

issued this order. How could he be SO INCONSIDERATE whileforming his CONSIDERED OPINION? How could the

government have such a CALLOUS ATTITUDE and kill a

K.E.M.C Lahore Medical Graduate so casually at the age of

40?



36


pages)

Point # 5 (of the dismissal from service order dated 13-06-2001)

My Lord, now I come to the FIRST SENTENCE of the lastpoint 05 of the 13th June, 2001 “dismissal from service”

order. The authority (the then Secretary Health Punjab, Mr.

Shahid Hussain Raja Sb.) has punished me under Rule

4(1)(b)(iii) of Punjab Civil Servants (E&D) Rules 1999

which is “COMPULSORY RETIREMENT” and “NOT DISMISSAL

FROM SERVICE”. I am ALMOST sure that the Secretary

Health, Punjab must have asked some Junior Clerk to write

and prepare my “DEATH WARRANT” i.e. dismissal from

service order dated 13-06-2001.

The SECOND SENTENCE of this point 05 is: “The period of his

absence w.e.f. 11-11-1999 has been decided as

unauthorized absence from duty”

My Lord, this again is not “FAIR” and “CORRECT”. I have

already rebutted this in point 01 earlier. The fact is I had

been going to the Director Health Bahawalpur Office inspite

of ill health (i.e. Hemorrhoids, Anal Fissure etc. –

medical certificates of Professor of Surgery are

attached herewith 24-30. The Director Health

Bahawalpur letter dated 25-08-2000 is also attached

here with-13). I appeared before the B.V Hospital

Bahawalpur Medical Board (as ordered by the then Director

Health Bahawalpur). I was declared “FIT TO RESUME DUTY”on 25-11-1999 (certificate dated 26-11-1999 of the Medical

Superintendent, Bahawal Victoria Hospital Bahawalpur is

attached herewith-16).

My Lord, instead of receiving a posting order, I received an

order to appear before the Inquiry Officer – the Director



37


pages)

Health Multan (Govt. of the Punjab order dated 30-11-1999

received by me in early December, 1999 is attachedherewith 36). I complied with the order and appeared

before the inquiry officer as required / ordered by him in his

“SHOW CAUSE NOTICE” dated 16-12-2000. In fact, the

Departmental representative of the Director Health

Bahawalpur had not come (all about the inquiry

proceedings have already been explained by me while

REBUTTING point 02 earlier).

My Lord, here again I refer to the Director Health Bahawalpur

letter dated 25-08-2000(attached herewith-13). in which the

Director Health Bahawalpur wrote to the Secretary Health

Punjab that I was not at the disposal / strength of

Bahawalpur Health Directorate. The Director Health,

Bahawalpur would NEITHER give me Medical Docket for

Medical Treatment NOR let me join where he wanted and the

WORTHY Secretary Health Punjab dismissed me, a 40 yearsold ill person, ON THE CHARGE OF WILFUL ABSENCE FROM

DUTY W.E.F. 11-11-1999.

My Lord, the fact of the matter is: the Bahawalpur

Health Authorities as well as the then Secretary Health

Punjab have made me SUFFER for the SO CALLED,

UNPROVEN CRIME of which I am INNOCENT. Kindly

INTERVENE and help me. I thank Your goodself in

anticipation.

My Lord, kindly INTERVENE and save me. I am 51 now. I

assure your lordship, I will not let anybody come between

my patient and my self. I will always remain only a GOD-

FEARING MAN for good come what may (Insha-Allah).



38


pages)

My Lord, After receiving the "Dismissal Form Service" order

dated June 13, 2001. I appealed to Secretary Health Governmentof Punjab 0n July 12, 2001(attached here with- 05). to revisit

my case as I believed that the decision was made on the basis of

wrong and prejudicial input from the Director Health Bahawalpur

and the Director Health Multan (The inquiry officer). But there was

no reply. Later I made a similar appeal to the Chief Secretary,

Government of Punjab on 20-08-2003, (attached herewith-06)

but again I never received any reply. Due to ill health depression

and lack of funds (my monthly pay had been stopped in themiddle of 1999) that was all I could afford to do at that time.

MY LORD, later with the help and encouragement of a few

friends, I sent a reminder to the Chief Secretary Punjab

(attached herewith-35a,b) for the decision of departmental

Appeals/representations lying pending since 12-07-2001 and 20-

08-2003. But again there was no reply. After that I went to the

LHC, Bahawalpur Bench, Bahawalpur (W.P No. 1160/2009 KhalidMehmood versus the Chief Secretary Punjab and the Secretary

Health, Government of Punjab). The honorable High court

DECLARED my request reasonable and directed the concerned to

decide the departmental appeal/s (Lahore High court

Bahawalpur Bench order Dated 09-03-2009 as attached

herewith-07) lying pending since 12-07-2001 and 20-08-2003.

2 .My LORD

, as far as the letter of the Secretary Health

(Mr. Anwar Ahmad Khan) Govt. of the Punjab [(No.

SO(South)955/R/87] dated April 03, 2009,(attached

herewith -03) written in compliance of the order of Honorable

Lahore High Court Lahore dated 09-03-2009, passed in my Writ



39


pages)

Petition No. 1160/1009/BWP, is concerned, my

submissions are as under:(i) The respected Secretary Health Punjab is guilty of

CONTEMPT OF COURT by calling my request “time barred”

particularly/specially after Lahore High Court, Bahawalpur

Bench, Bahawalpur order dated 09-03-2009 which after

declaring my request REASONABLE, DIRECTED the

Concerned authority / authorities to decide my

departmental appeal / appeals.

(ii) In point 2 of this letter of the Secretary Health (written in

compliance of the orders of Honorable Lahore High Court

dated 09-03-2009) dated April 03, 2009, the respected

Secretary Health Punjab HALVED THE CHARGES against

me i.e. NON-COMPLIANCE OF TRANSFER ORDER is NOT

THERE probably because the transfer order of the

Director Health Bahawalpur was against the Govt. of the

Punjab order dated 03-08-1995. The Secretary Health,Punjab was probably EITHER in a great hurry OR TOO

CASUAL while issuing 13-06-2001 “Dismissal from

Service” order (MY DEATH WARRANT) and punished me

under the provision of PCS (E&D) rules 1999 on the charge

of misconduct i.e. willful absence from duty w.e.f 11-11-

1999 / non compliance of transfer order. Which transfer

order? The transfer order of the Director Health,

Bahawalpur dated December 31, 1998? If it was, the“DISMISSAL FROM SERVICE ORDER” becomes UNLAWFUL

and ILLICIT as far the so called non- compliance of the

Director Health Bahawalpur transferred order dated

December 31, 1998, I cannot be punished under PCS



40


pages)

(E&D)Rules 1999 which came into BIRTH / FORCE on June

21, 1999. The Secretary Health, Punjab had been wiser inApril 2009 as the VERY MENTION OF A DATE LESS or

December 31, 1998 TRANSFER ORDER MAKES the 13-06-

2001 “dismissal from service order” of the then Secretary

Health Punjab UNLAWFUL, ILLICIT.

(iii) My Lord, There is nothing really WORTH rebutting in this

letter of the worthy Secretary Health, Govt. of the Punjab.

Anyway I am attaching photocopies of pages 66-67

(CONTAINING CHAPTER-IV-APPEALS, REVISIONS

ETC.34) of Punjab Civil Servants (E&D) Rules 1999,

(under which I was punished). I am doing this because: the

respected Secretary

Health, in April 2009, probably did not see.

a. My appeal to the Secretary Health Govt. of the Punjab

dated 12-07-2001 (attached herewith-05).

b. My appeal to the Chief Secretary Punjab dated 20-08-

2003. (attached herewith -06)

c. My “dismissal from service order dated 13-06-2001”

which was issued by the then worthy Secretary Health

Govt. of the Punjab, NO LESSER AUTHORITY, so the

question of appealing in 30 days (or within the

stipulated period under rules as written by him) is NOTRELEVANT in my case ALTHOUGH my representation /

appeal to the Secretary Health was within 30 days i.e.

on 12-07-2001. The “Dismissal from service” order of

13-06-2001, was received by me in early July 2001. The



41


pages)

Bahawalpur Health Directorate received this letter on

04-07-2001 (attached herewith -02).

My Lord,it is ALSO INTERESTING to note that the

respected Secretary Health, Punjab has charged me on April

03, 2009 in his letter written in compliance of the Honorable

Lahore High Court, Lahore order dated 09-03-2009 in the

following words.

“2. Dr. Khalid Mahmood was proceeded under PCS

(E&D) Rules, 1999 on the charge of willful absence from

duty w.e.f. 11-01-1999”.

While in the ORIGINAL ORDER dated 13-06-2001 I was

charged with willful absence w.e.f. 11-11-1999 and a

DATELESS TRANSFER ORDER”. I am REALLY AFRAID to

comment on this carelessness / casualness /

ruthlessness of those at the HELM OF AFFAIRS? Do theynot EVEN READ before SIGNING a DEATH WARRANT i.e.,

a dismissal from service order?

d. And last BUT the MOST IMPORTANT point is: the

Honorable Lahore High Court Lahore, had declared my

request REASONABLE and DIRECTED the concerned to

“MAKE A DECISION”. Instead of obeying the order

of Lahore High Court Bahawalpur Bench, theSecretary Health called the request time barred

(contempt of court).

3. MY LORD ,



42


pages)

After receiving the Secretary Health Punjab letter dated 03-04-

2009,I went to Punjab service tribunal (through my Lawyer Mr.Muhammad Akhtar Munir Pirzada-my learned council). Here is

the rebuttal of the decision of Member Punjab Services

Tribunal.

My Lord, the judgment of the Member Punjab Service Tribunal,

Lahore which was announced on 10-12-2009 in following words:

I think this was, My Lord, a VERY CRUDE and RIDICULOUS

statement of the Respected Member PST after a trial that was a

TRAVESTY OF JUSTICE. As far as I know from GENERAL

KNOWLEDGE and COMMON SENSE, cases are opened even after the

DEATH of an APPELLANT/ACCUSED/CRIMINAL. And my case is NO

ORDINARY case, your lordship. If justice, in the true sense of the

word is done in my case, this will NOT ONLY be in my benefit, BUT

ALSO be like SETTING AN EXAMPLE for the CRUEL DE-

FACTO/UNJUSTIFIED RULING CLASS of our UNFORTUNATE Country i.e.

the BUREAUCRACY. At the age of 51 - suffering from depression - I

may not be able to conquer the world, but our nation shall

INSHALLAH be BENEFITED if the BUREAUCRACY of our UNFORTUNATE

country is REIGNED and made to behave-as they should-like

SERVANTS of the people of our unfortunate country IF justice

is done in the true sense of the word. Hazrat Ali once said:

My Lord, how true is this today! Only the DEMOCRATIC states

with GOOD JUSTICE SYSTEM are the leading, prosperous and

SOVEREIGN States / Nations in the world. While our

unfortunate country created in the name of Almighty Allah



43


pages)

– supposed to be PAK-stands where today? Who could

know better than your goodself - the most Respected andBrave Judge of the World today- who had the GUTS to defy an

Army General in Uniform-an UNHEARD OF PHENOMENON in our

unfortunate country? My Lord, the people of Pakistan have been

treated in a worse and more cruel way by our PAK BUREAUCRACY

than they were treated by the ENGLISH before PARTITION in

August 1947.

My Lord, I come back to the respected member Punjab Service

Tribunal verbal announcement of the judgment in my case on 10-

12-2009.

This TIME BARRED accusation (though incorrect) was leveled and

used against me by the Secretary Health Punjab in his letter

dated April 03, 2009 (written in compliance of the orders of

Honorable Lahore High Court Lahore dated 09-03-2009) as well as

later by the Senior Law Officer (SLO) of the Health Department

on behalf of the Secretary Health Punjab and the Chief Secretary

Punjab sent to Punjab Service Tribunal Lahore in 2009. This TIME

BARRED accusation is / was NOT ONLY INCORRECT but also

amounts to CONTEMPT OF COURT after the LHC order of 09-03-

2009 that DECLARED my request REASONABLE and ordered the

concerned to decide my departmental appeals.

My Lord, although my appeal / request to REVISIT MY CASE to theSecretary Health Punjab was within 30 days (date on the

dismissal from service order is 13-06-2001. I received it in early

July 2001. My appeal to the Secretary Health Punjab is dated 12-

07-2001). BUT this was not RELIGIOUSLY / NECESSARILY required

according to the Punjab Civil Servants (E&D) rules 1999 as the



44


pages)

AUTHORITY in my case is/was the Government herself-the

respected Secretary Health Govt. of the Punjab. Photocopy of CHAPTER-IV – APPEALS, REVISION ETC. of Punjab Civil Servants

(E&D) Rules 1999 is attached herewith 34 . The Rule 15 of this

CHAPTER IV READS:

APPEAL AGAINST PENALTY:

“Any civil servant on whom a penalty has been imposed

under these rules EXCEPT WHERE THE PENALTY HAS BEEN

IMPOSED BY THE GOVERNMENT (as is true in my case), maywithin 30 days of the date of the communication (not the date on

the order) of the order, appeal to such authority as may be

prescribed”

“Provided that, if the appellate authority is satisfied that there is

sufficient ground for extending the time, it may entertain the

appeal at any time”.

My Lord, WHICH APPELLATE AUTHORITY IN THE PUNJAB is higherthan the High Court Punjab Lahore? And which GROUNDS are

more sufficient than the MEDICAL GROUNDS-supported by the

certificates of Professor of Surgery of a Government Teaching

Hospital? The Director Health Bahawalpur letter dated 25-08-2000

(Inspite of all the ill will and prejudice against me) DID ALSO

ADMIT that I had been REPEATEDLY asking for Medical Docket-in

fact this letter ALONE (if read and considered with care and

consideration towards a 40 year old medical graduate of KingEdward Medical College Lahore - I was about 40 on 13-06-2001)

makes the Secretary Health order dated 13-06-2001 ILLEGAL

AND UNLAWFUL.



45


pages)

My Lord, is it not the ignorance (about P.C.S (E&D) Rules 1999) of

the S.L.O of the Health Department to write the following in“PRILIMINARY OBJECTIONS” (in the report and comments on

behalf of the Secretary Health Punjab & the Chief

Secretary Punjab sent to Punjab Service Tribunal attached

herewith - 04) in November 2009?

“He (i.e. I, Dr. Khalid Mahmood) was required to file

departmental representation / appeal before the Chief

Secretary / Appellate Authority with in 30 days against the

penalty imposed upon him but he filed no departmental

appeal / representation at relevant time”.

To put before Your goodself the UTTER AND SHOCKING

IGNORANCE of the Senior Law Officer (about PCS (E&D) Rules

1999 as well as the law of the land in general) who I believe

influenced the judgment of the Respected Member PST almost

completely – which in itself is shocking at least for me, My Lord, I

am going to write part of rule 16 and whole of rule 18 of CHAPTER IV – APPEALS REVISION ETC of PCS (E&D) Rules

1999. (attached herewith also-34)pages 66-67

RULE 16 “------ (Petition / appeal) shall be filed with the

authority or the Inquiry Officer who, as the case may be, passed

the original order (which in my case was the Secretary Health

Punjab). The authority or the Inquiry Officer, receiving the appeal,

shall forward the same along with the comments within afortnight to the appellate authority”.

WHILE THE RULE 18 READS : “Where the original order

has been passed by the Govt. (as it was in my case, the Secretary

Health Punjab order dated 13-06-2001) no appeal shall lie, and

instead, a review petition, shall lie to the Govt. and the Govt.



46


pages)

may, in its discretion, exercise any of the powers conferred on the

Appellate Authority”My Lord, I am referring to the “Report and comments” on

behalf of the Secretary Health Punjab & Chief Secretary Punjab by

Senior Law Officer (SLO) Government of the Punjab Health

Department and also writing and attaching P.C.S (E&D) Rules

1999 BECAUSE when I received the written judgment of Member

PST Lahore, I was SHOCKED AND TAKEN ABACK to find how

the member PST almost BLINDLY followed the IGNORANCE of the

Senior Law Officer of the Punjab Health Department NOT ONLY

regarding PCS (E&D) Rule 1999 BUT ALSO about the law of the

land in general which is better understood by An Average

Educated Person With Common Sense. I suppose, in fact, I believe

that the SLO must be a law graduate at least and this makes me

even more confused and baffled. The SLO has been guilty of

CONTEMPT OF COURT. He misguided the member PST, Lahore as

the written judgment of Member PST Lahore is primarily based

upon this report of SLO. I shall be taking up “this report and

comments on behalf of Secretary Health Punjab & Chief Secretary

Punjab” by the SLO when I come to the written judgment. But

just to give, your lordship, an idea how this SLO tried and

unfortunately succeeded in spoiling my case & misguiding

member PST, I want to give a few examples right now.

My Lord, the Senior Law Officer (SLO) doubted me and

denied my claim to being ill I QUOTE: “the contention of thepetitioner is nothing but a postscript which is not on board”. How

could the SLO write such a rude sentence about a Senior 17-grade

doctor-who had already been asked by the Government to

provide a few papers so that he could be promoted in grade-18?



47


pages)

While the fact of the matter is: the SLO didn’t study and know

my case properly. Had he done so he would have found theDirector Health Bahawalpur letter dated 25-08-2000 to the

Secretary Health Punjab writing him that I was ill and I was

repeatedly asking for medical docket. Had the SLO read this letter

he would, also have found the HOSTILE ATTITUDE of the Director

Health Bahawalpur who, instead of issuing Medical Docket to me

himself, was asking the Secretary Health Punjab to issue Medical

Docket as according to the Director Health Bahawalpur, I was not

at the strength of Bahawalpur Directorate. (letter dated 25-08-2000 of the Director is attached herewith -13). And the SLO

(if he had common sense) would have also seen A FEW other

facts in THIS VERY LETTER of the Director Health Bahawalpur to

the Secretary Health Punjab dated 25-08-2000.

i. I was asking for Medical Docket for getting medical treatment

ii. The Director Health was writing to the Secretary Health Punjab

that I was not at the strength of Bahawalpur Directorate andwas requesting the Secretary for my INVALIDATION at 40. I

think any educated person with a little bit of common sense

could see the Director’s hostile attitude. The Director Health

Bahawalpur would NEITHER let me join NOR give me medical

docket, saying I was not at his disposal/strength. Later in the

dismissal order dated 13-06-2001, One of the 02 charges

against me, is absence during this period. And this was, in fact,

THE ONLY CHARGE against me-as has been written in the letterof the Secretary Health Govt. of the Punjab dated April 03,

2009 written in compliance of the orders of Honorable Lahore

High Court Lahore order dated 09-03-2009. The first sentence

of point 02 of this Secretary Health letter is; I quote: “Dr.



48


pages)

Khalid Mahmood was proceeded under PCS (E&D) Rules 1999

on the charge of WILLFUL absence from duty w.e.f. 11-11-1999”. (the letter is attached herewith- 03 ).

My Lord, again the SLO of Government of the Punjab Health

Department in his “report and comments on behalf of the

Secretary Health Punjab and the Chief Secretary Punjab” wrote in

the very first sentence of “PRELIMINARY OBJECTIONS”. I quote,

“The penalty of dismissal from service under E&D rules 1999 was

imposed upon appellant (i.e. me, Dr. Khalid Mahmood) on the

charges of unauthorized absence vide order dated 13-06-2001”

Your Lordship, I most respectfully and humbly BUT

VEHEMENTLY DENY this charge of unauthorized absence I was ill. I

was asking the Director Health Bahawalpur to give me Medical

Docket. The Director Health Bahawalpur wrote to the Secretary

Health Punjab on 25-08-2000 requesting him to issue me medical

docket as according to the Director, I was not at his strength – in

fact this letter of the Director Health Bahawalpur dated 25-08-2000 makes the Director health Bahawalpur guilty of NOT ONLY

not issuing medical docket to an ill person BUT ALSO refusing to

accept me to be at his disposal – in fact, viciously stopping me

to join my duty that I wanted to do, if medical docket was not

issued as the monthly pay was my only source of income.

Your Lordship, an experienced, world renowned judge of

your caliber must have by now seen HOW CRUEL THEAUTHORITIES WERE IN MY CASE. Why? Why did they want to

destroy a 40-years old medical graduate of King Edward Medical

College, Lahore. Well, I have talked about this in the PREAMBLE.

Now it is up to YOUR GOODSELF to bring to book my killers

and that CSP who was behind my KILLERS.



49


pages)

My Lord, as a Medical Graduate of one of the best colleges of

the region (including India), I assure Your goodself that I CAN BERESUSCITATED IF YOUR GOODSELF INTERVENES. Please do

intervene. I beg of you to intervene. Only Almighty Allah above

and Your goodself in our PAK country can come between

our cruel DE-FACTO MASTERS i.e. Bureaucracy and myself.

Sir, I am crying and looking to Your goodself as a man who is

DROWNING, BUT he is seeing a very brave and expert and kind

swimmer / rescuer who could come and save me and I am crying

and shouting in a HOPE TO FETCH your kind attention. May AlmightyALLAH help me, Amin.

My Lord,

Now I come to the written Judgment of the member Punjab

Service Tribunal. This consists of 05 signed pages. This was

announced on 10-12-2009 in Bahawalpur and the written

judgment I got on 17-03-2010, again in Bahawalpur when the

member PST came to Bahawalpur on his 03-day monthly visit. The judgment has 08 points.

The very first sentence of the judgment is FACTUALLY

WRONG. I was not proceeded against while I was posted as

Medical Officer, Goth Mehrab, District Bahawalpur. I had been at

the disposal of the Director Health Bahawalpur in his office since

November 1998. (vide the Director Health Bahawalpur order 17-

K/MO/9601-9606/Estt., dated November 10, 1998 attachedherewith-11). So I had left Basic Health Unit Goth Mehrab in the

middle of November, 1998-here again I believe the respected

Member PST Lahore had been misguided by the Senior

Law Officer (the last sentence of “A” under the heading of

REPORT of “Report & comments” on behalf of the Secretary



50


pages)

Health Punjab & the Chief Secretary, Punjab) while the rest of “A”

is NOT ONLY irrelevant, having nothing to do with the chargesleveled against me BUT ALSO show the ill will of the Senior Law

Officer-for reasons best known to him – which even confused the

respected member P.S.T as is evident in point 03 on page 03 of

the judgment of the member PST (I shall be coming to that again

when I come to point 03 page 03).

My Lord, The very first sentence of the written judgment of

Member Punjab Service Tribunal reads: “Facts of the case

are that while posted as Medical Officer, Basic Health Unit Goth

Mehrab District Bahawalpur, the appellant was proceeded against

by the Secretary Health Department Punjab-Respondent No. I

under Punjab Civil Servant (E&D) Rules, 1999 on the charge of

misconduct on account of willful absence from duty w.e.f. 11-11-

1999 and non-compliance of transfer order”.

Your Lordship, this very FIRST SENTENCE of the judgment is

NOT ONLY INCORRECT BUT ALSO makes the judgment UNLAWFUL& ILLICIT – as good or as bad as the ORIGINAL ORDER of the

Secretary Health, Punjab dated 13-06-2001 whose first point

levels the same charges against me and I have already rebutted

the “13-06-2001 dismissal from service order” of the then

Secretary health Punjab (Mr. Shahid Hussain Raja Sahib).

My Lord, FIRSTLY I was at the disposal of the Director Health

Bahawalpur since the middle of November 1998. The order of theSecretary Health Punjab ordering me to appear before the inquiry

officer (Multan Director Health) is dated November 30, 1999 –

(attached herewith-36) when I was at the disposal of the

Director Health Bahawalpur, having nothing to do with Basic

Health Unit, Goth Mehrab. Of course, the Director Health



51


pages)

Bahawalpur issued a transfer order dated December 31, 1998

which I received in early January 1999 and on January 15, 1999 Iappealed against it as this order of the Director Health

Bahawalpur was NOT ONLY against the Govt. of the Punjab order

dated 03-08-1995 BUT ALSO against the General Govt. Policy i.e.

to make the fresh young doctors serve in the rural areas for 2-3

years and I had completed more time than the required period in

the rural areas. Anyway the cruel and unsympathetic attitude of

Bahawalpur Health authorities made me ill and after getting

medical docket from the Director Health Bahawalpur, I washospitalized also while at the disposal of the Director Health

Bahawalpur. Later I got “fit to resume duty” certificates from

Sheikh Zaid Hospital Rahimyar Khan where I was hospitalized as

well as “fit to resume duty” certificate from Bahawal Victoria

Hospital, Bahawalpur, a teaching hospital on the orders of the

Director Health, Bahawalpur. (attached herewith 14-16)

My Lord, how can I be punished for “non compliance of a

transfer order dated December 31, 1998” under PCS (E&D) Rules

1999 which CAME INTO BIRTH on June 21, 1999. The date of the

Director Health Bahawalpur order has NEITHER been mentioned

in the original “dismissal from the service order” NOR in the

judgment of member PST. None of these respected Senior Officers

(The Secretary Health, Punjab and the member PST) mentioned

the Authority which issued the transfer order. WHY?

Your Lordship, as a matter of fact, according to the

Secretary Health Punjab letter written in compliance of the orders

of Honorable Lahore High Court, Lahore dated 09-03-2009, the

charge against me is: “Dr. Khalid Mahmood was proceeded under

PCS (E&D) rules, 1999 on the charge of WILLFUL absence from



52


pages)

duty w.e.f. 11-11-1999”. Why did the Secretary Health Punjab not

charge me with “non compliance of transfer order” in this letterdated April 03, 2009?

Similarly why did the Senior Law Officer on behalf of the

Secretary Health Punjab and the Chief Secretary Punjab not

mention “non compliance of transfer order” as a charge against

me in his report and comments sent to member PST in 2009. The

very first sentence of the SLO in his reports and comments on

behalf of the Secretary Health Punjab and the Chief Secretary

Punjab is: “The penalty of dismissal from service under E&D rules

1999 was imposed upon appellant on the charges of un-

authorized absence vide order dated 13-06-2001……”

Your Lordship, why the Secretary Health Punjab in his

letter dated April 03, 2009 and the Senior Law Officer in his report

and comments to the Member PST in 2009 NOT so much as

mentioned the “non compliance of transfer order” as a charge

against me? BECAUSE the very mention of Director HealthBahawalpur transfer order dated December 31, 1998 would make

“The 13-06-2001 dismissal from service” order UNLAWFUL as I

could not be punished for a SO CALLED CRIME (non-compliance of

the Director Health Bahawalpur transfer order dated December

31, 1998) under PCS (E&D) Rules 1999 which came into birth on

June 21, 1999.

My Lord, like the Secretary Health Punjab in his “Dismissalfrom Service Order” dated 13-06-2001 blurred the lines into

grey area without any fear (of Almighty ALLAH or any rules or

laws or any judiciary that was there in 2001) and thought / found

OPINION and FACT interchangeable, the member PST also used

the word of “recommenced” (i.e. to start again or start doing



53


pages)

something again) and “purporting” (purport (v)-to claim or

pretend to be something / to be intended to appear as something)for reasons best known to them. “Dismissal from service order”

is / was a very serious and grave matter for me, in fact, a life

and death matter. With due apologies, I do not like people

deciding my fate and my life and death matters in a CASUAL WAY

blurring things and thinking / finding opinions and facts

interchangeable.

My Lord, I was proceeded against by the Secretary Health

Department Punjab vide November 30, 1999 order – (attached

herewith-36) wherein he ordered me to appear before the

Inquiry Officer – The Director Health Multan. As far as the rest of

the first point of this judgment of member PST Lahore is

concerned, I have already rebutted most of it earlier in my

rebuttal of the “Dismissal from Service Order” of the Secretary

Health Punjab dated 13-06-2001. As far as the Secretary Health

letter dated 03-04-2009 (written in compliance of the order of

Honorable Lahore High Court Lahore dated 09-03-2009) is

concerned, this letter amounts to CONTEMPT OF COURT. BUT the

respected member PST uses and quotes this letter when it

goes against me – calling my request TIME BARRED (Page 02,

Point 01 of the member PST Judgment) while on Page 04, point 05

in the last sentences member PST writes “…….the plea of its filing

is falsified by the fact that as reflected by the order dated 09-03-

2009 passed by Honorable High Court in writ petition No.1160/2009, the alleged departmental appeal had been filed by

the appellant before Secretary Health Department Punjab and not

before the Chief Secretary and accordingly directions were given

by Honorable Lahore High Court to the former (i.e the Secretary

Health, Punjab) for decision of the same. It is also noteworthy that



54


pages)

under the law/rules no appeal against the order of an authority

lies before the same authority”. (i.e. the Secretary health,Punjab).

My Lord, this is INCREDIBLE! I really fail to understand which

law/rules the respected member PST is talking and writing about.

As far as I know PCS (E&D) Rule 1999 (CHAPTER IV APPEALS,

REVISION ETC. attached herewith-34) Rule16reads “:….(a

petition/appeal) shall be filed with the authority or the Inquiry

Officer, who as the case may be, passed the original order…..”. As

the ORIGINAL ORDER dated 13-06-2001 – “DISMISSAL FROM

SERVICE” order was passed by the Secretary Health, Punjab, my

appeal / petition to revisit my case was to the Secretary Health,

Punjab, (dated 12-07-2001attached herewith -05). Again the RULE

18 of the same CHAPTER-IV APPEALS, REVISION ETC. of PCS

(E&D) Rule 1999 READS “WHERE the original order has been

passed by the Government. (as in my case) no appeal shall lie

instead, a review petition, shall lie to the Government. and theGovernment may in its discretion, exercise any of the power

conferred on the appellate authority”.

My Lord, this is exactly what I did i.e. applied/requested

the Secretary Health Punjab – who passed the “13-06-2001

dismissal from service order” – to REVISIT my case in my

application dated 12-07-2001. If the member PST thought (as I

understand) that in my particular case, the Chief Secretary,

Punjab was the appellate authority, I most respectfully differ /

disagree with him. I think he wrote sentence 04 and sentence 05

in point 5 of his judgment due to the wrong and false input and

misguidance / misrepresentation of the Senior Law Officer in his

“REPORT & COMMENTS ON BEHALF OF THE SECRETARY HEALTH



55


pages)

PUNJAB AND THE CHIEF SECRETARY PUNJAB”. For example, in the

above particular case, I QUOTE the Senior Law Officer SentenceNo. 02 of PRELIMINARY OBJECTION:

“He (i.e. I, Dr. Khalid Mahmood) was required to file

Departmental Representation / Appeal before Chief

Secretary / appellate authority within 30 days against

the penalty imposed upon him but he filed no

Departmental Appeal / Representation at relevant time”

Your Lordship, this above sentence of the SLO – thoughINCORRECT and FULL OF IGNORANCE but anticipating such

things from high-up’s as the Senior Law Officer in our

unfortunate system and country, I did appeal to the Chief

Secretary, Punjab also on 20-08-2003, which, according to the

respected member PST, is TIME BARRED BY ALMOST TWO YEAR

(sentence 03 and 04 of point 05 of the judgment). My Lord, the

member PST wrote this in his judgment AFTER the Honorable

Lahore High Court Lahore had declared my request reasonableand directed the concerned (the Secretary Health, Punjab and the

Chief Secretary, Punjab – the respondents – in 09-03-2009 LHC

order attached herewith-07) to decide my department appeals

lying pending with them i.e. my appeal/request/petition lying

pending with the Secretary Health Punjab since 12-07-2001 and

Chief Secretary Punjab since 20-08-2003 respectively.

Point # 2 (of the judgment of respected member PST) The respected Member Punjab Service Tribunal (member PST)

wrote that comments on behalf of the respondents had been

received by him and he had heard Mr. Muhammad Akhtar Munir

Pirzada Advocate - my learned council.



56


pages)

Point # 3 (of the judgment of respected member PST)

My Lord, point 03 of Member PST judgment sheet concerns withwhat, according to the Member Punjab Service Tribunal Lahore,

MY LEARNED COUNCIL ASSERTED.

My Lord, I most respectfully and humbly want to POINT OUT

that the Member PST on one hand failed to note / appreciate a

few assertions made by my lawyer, while on the other hand,

hisgoodself got mixed up and confused what my lawyer had said

or written with what the Senior Law Officer of Health Department(on behalf of the Secretary Health Punjab and Chief Secretary

Punjab) wrote in his “reports and comments”. For example, my

appeal, a request to revisit my case, to the Secretary Health

Punjab dated 12-07-2001 has not been mentioned here. It is not

that Respected Member PST did not see this appeal to the

Secretary Health Punjab dated 12-07-2001. He, in fact, NOT ONLY

saw and read it BUT ALSO wrote about my this 12-07-2001 appeal

to the Secretary Health Punjab (on page 04 point 05 of the judgment). I QUOTE “…..as reflected by the order dated 09-03-

2009 passed by Honorable High Court in writ petition No.

1160/2009, the alleged departmental appeal had been filed by

the appellant before Secretary health Department Punjab and not

before the Chief Secretary and accordingly directions were given

by Honorable High Court to the former for decision of the same. It

is also noteworthy that under the law/rules no appeal against the

order of an authority lies before the same authority”. How couldthe respected member PST write these above sentences?

THIS IS UNBELIEVABLE and INCREDIBLE as they are against PCS

(E&D) Rules 1999 (CHAPTER IV, APPEALS, REVISION ETC. Rule 15,



57


pages)

16, 18 in particular attached herewith -34-consists of 08 leaves/15

pages). Your Lordship, my “Dismissal From Service” order was

passed by the Govt. (The Secretary Health Govt. of the Punjab).

So, my request / appeal to REVISIT my case had to be to the Govt.

(i-e- the Secretary Health, Punjab) – and this has also been

recognized by the Honorable Lahore High Court – who did

include the Chief Secretary Punjab as my lawyer had done,

among the RESPONDENTS but the Honorable Lahore High

Court ordered the Secretary Health Punjab to decide my

case. In fact, I did go to the Chief Secretary Punjab first on 25-03-

2009 and got Honorable Lahore High Court order received in his

office by his receipt clerk – Mr. Iqbal, on 25-03-2009. Later the

Chief Secretary Punjab (Mr. Najeeb Bhutta) personally sent me

to the Secretary Health Punjab who granted me an interview on

27-03-2009 and later issued the written letter dated April 03,

2009 which I got after about 2–3 weeks – staying in a hotel room

in Lahore. As a matter of fact, during this period i.e. from 27-03-

2009 - to - when I got the Secretary Health April 03, 2009 letter in

my hand, I went to the respected Chief Minister’s place also on

16-04-2009. The Respected Chief Minister was in Islamabad. So I

met Mr. Mian Muhammad Tariq, the Political Secretary and

Coordinator of Chief Minister of Punjab, who, after reading my

application, marked and sent me to the Chief Secretary Punjab. I

met the Chief Secretary Punjab who sent me to the SecretaryHealth Punjab. The application to the Chief Minister Punjab

marked by his secretary and political coordinator and received by

the Chief Secretary Punjab Office is attached herewith(37).



58


pages)

My Lord, I come back to point 03 of the judgment sheet in

which what my lawyer asserted is written about.• YES! I did appeal to the Chief Secretary Punjab also on 20-08-

2003 (attached herewith- 06) – the contents of which were

almost similar to those of my application to the Secretary

health Punjab dated 12-07-2001(attached herewith-05).

• YES! I did write reminder to the Chief Secretary Punjab on 05-

03-2009 (attached herewith-35,a,b) requesting his goodself

for the decision of Departmental Appeals / Representationspending since 12-07-2001 and 20-08-2003.

• YES! I did file writ petition No. 1160/2009 through my lawyer.

(Lahore High Court order is attached herewith- 07). Your

Lordship can see WHOM the Honorable Lahore High Court

Ordered. As far as I can understand, the Honorable Lahore High

Court ordered the Punjab Government (Both the respondents

the Chief Secretary Punjab and the Secretary Health Punjab).

• I went to Lahore personally and first met the Chief

Secretary, Punjab,Mr. Najeeb Bhutta (on 25-03-2009) who

PERSONALLY sent me to the Secretary Health Punjab. All these

Senior Officers cannot be wrong, My Lord.

Anyway as the member PST wrote in Point 03 that according to

my lawyer the Honorable Lahore High Court ordered the Chief

Secretary Punjab but the reply came from the Secretary HealthPunjab, AM I TO BE BLAMED AND PUNISHED FOR WHAT I AM NOT

RESPONSIBLE FOR? Why did the respected member PST not ask

the Secretary Health Punjab or the Chief Secretary Punjab if

ANYTHING against law / rules was done by them?



59


pages)

My Lord, the first sentence on page 03 of point 03 i.e.

“Further submitted that the ground of non-appearance of theappellant taken by respondent No. 1 in his order dated 13-06-

2001 was incorrect as the appellant had been appearing before

him on various dates”. My lawyer NEITHER wrote NOR said

verbally anything like that YES! My lawyer DID ASSERT that I

did go to the Inquiry Officer – the Director Health Multan twice (as

has also been admitted by the Inquiry Officer, the Director Health

Multan in his letter dated 10-05-2000-attached- 18) and to the

Secretary Health Punjab on 14-12-2000 – as ordered by him inwriting BUT being busy on 14-12-2000 the Secretary Health

Punjab VERBALLY BUT PERSONALY asked me to come in a couple

of days. On 18-12-2000 when hisgoodself granted me an

interview (receipt of entrance in the secretariat is attached

herewith 33), I brought in his notice that I did apply to the

Director Health Bahawalpur to issue me medical docket for

medical treatment. The Director Health Bahawalpur instead of

issuing me medical docket, wrote to the Secretary Health Punjabrequesting him to issue me Medical Docket as I was not at the

strength of Bahawalpur Health Directorate (Director Health

letter dated 28-08-2000 is attached herewith 13). This

letter of the Director Health Bahawalpur, in fact, supports my

point of view that the Bahawalpur Health authorities were

prejudiced against me (as I have already mentioned in my appeal

to the Secretary Health Punjab dated 12-07-2001 and appeal to

the Chief Secretary Punjab dated 20-08-2003 as well as in thePREAMBLE of this application). In spite of ill health, the

Bahawalpur Health Authorities NEITHER issued medical docket to

me NOR would let me join in the remote village Basic Health Unit

out of Bahawalpur District where the Director had transferred me



60


pages)

against the Govt. of the Punjab order dated 03-08-1995 according

to which I was to be posted in Bahawalpur District BUT, I beingson of a dead Govt. High School Headmaster/Principal, in spite of

being ill (Medical Certificates of Professor of Surgery

attached 24-30) was prepared to go wherever the Director

Health was posting me. BUT the Director Health Bahawalpur

would not let me join. In fact, the Director Health Bahawalpur was

cooking and manufacturing charges against me, an ill 40 years

old medical graduate of King Edward Medical College Lahore. Why

did the Director Health Bahawalpur want to destroy my careerand kill a Medical Graduate at 40 (I was about 40 then)? The

Director Health Bahawalpur was a Senior of 20-Grade Officer who

soon, thereafter, Retired from the same post. I have already

written about this in the PREAMBLE.

My Lord, the respected member PST also wrote in point 03

“Also (my lawyer, my learned council) asserted that the appellant

having been transferred from Sargodha on his own request, he

joined at Bahawalpur and was posted to BHU Chishtian by

Director Health Services Bahawalpur”.

Your Lordship, the respected member PST is

CONFUSING the present 1999 case with what happened in 1995

when I was posted in Rahimyar Khan. The house was of an un-

married lady doctor and I was 30-35 then. Law and order situation

was not created by us. It was created by a couple of our relatives,

who flared things up. The Honorable Judge understood and let mego. In fact that transfer order in 1995 was cancelled and I was

again put at the disposal of Bahawalpur Health Directorate by the

Secretary Health Punjab (order dated 03-08-1995). BUT why

did the Senior Law Officer referred to this 1995 incidence in his



61


pages)

report and comments in the first place? Does it not show the ill

will borne by the Departmental Authorities? This NOT ONLY didnot have anything to do with the charge against me in 1999 BUT

ALSO caused confusion for the respected member PST. The

respected member PST confused what the Senior Law Officer

wrote in “A” under the heading of REPORT in his “reports and

comments on behalf of the Secretary Health Punjab and the Chief

Secretary Punjab” with what my lawyer said or wrote. My lawyer

was assailing the Secretary Health Punjab “dismissal from

service” order dated 13-06-2001 and the Secretary Health Punjabletter dated 03-04-2009 to put simply (as has been

conceived/recognized by the member PST also in the last

sentence of point 01 of this judgment sheet). And my lawyer was

assailing these order / letter in 2009. He primarily talked / wrote

about charge / charges against me leveled by the Secretary

Health Punjab in 13-06-2001 order. NOT BEING GOD, my lawyer

could not possibly assert about something that happened to me

or my life in 1995 and, I think neither was this required. Then howcould the member PST write that my lawyer asserted about some

thing that happened in 1995? In fact, the respected member PST

confused what my lawyer wrote and said with what the Senior

Law Officer wrote in “A” under heading REPORT of his “REPORT

AND COMMENTS ON BEHALF OF THE SECRETARY HEALTH PUNJAB

AND THE CHIEF SECRETARY PUNJAB LAHORE”.

My Lord, of course, my lawyer DID MENTION that I could notcomply with the Director Health Bahawalpur transfer order

because of ill health. To which I now add my illness was the result

of UNJUST, UNKIND, UNSYMPATHETIC (in fact hostile) ATTITUDE of

the Director Health Bahawalpur who was transferring me from

one Basic Health Unit of Bahawalpur District to another Basic



62


pages)

Health Unit of Bahawalnagar District (out of district Bahawalpur) –

against the Govt. of the Punjab order dated 03-08-1995,(attached herewith- 08).


Your Lordship, now I come to point 04 on page 03-04 of the

judgment sheet of Punjab Service Tribunal – which is SUPPOSED

TO BE A SUMMARY of the report and comments with which the

Senior Law Officer of Health Department Punjab opposed my

appeal on behalf of the Secretary Health Punjab and the Chief Secretary Punjab. This “report and comments” by the SLO, 03

Page long, contained quite a few irrelevant and uncalled for

material having nothing to do with the charge / charges against

me. It is even more UNBELIEVABLE and INCREDIBLE that some of

those irrelevant stories were even mentioned in the judgment of

the respected member PST and at least one story of 1995 even

confused member PST as I have already pointed out while writing

about point 03 of this judgment. As far as the final decision isconcerned that is TOTALLY based upon this MISGUIDING,

FACTUALLY WRONG and full of ill will “REPORT AND COMMENTS”

of the SLO and the original order of 13-06-2001, for reason best

known to member PST. As a matter of fact, the member PST did

this inspite of my lawyer’s telling him in writing that “DISMISSAL

FROM SERVICE” order dated 13-06-2001 was UNLAWFUL and in

spite of the fact, that Honorable Lahore High Court Lahore had

already DECLARED my request REASONABLE. As far as Iunderstand the member PST has also been guilty of CONTEMPT

OF COURT (Lahore High Court Lahore order dated 09-03-

2009-attached- 07) by following the Departmental Authorities.



63


pages)

(i) As far as the first (i) point is concerned, though I have

already replied in my rebuttal of the “Dismissal fromService” order of the Secretary Health Punjab dated June

13, 2001, I find a few good things / points going in my

favor. Inspite of all the prejudice, ill will, lack of knowledge

about PCS (E&D) rules 1999 in general and my case in

particular, the SLO has HALVED the charges against

me i.e. willful absence from duty w.e.f 11-11-1999 is the

only charge against me as is evident from 4(i). While in

the original report of the SLO, under the PRELIMINARYOBJECTIONS THE VERY FIRST SENTENCE is more clear in

this respect I QUOTE: “The penalty of dismissal from

service under E&D rules 1999 was imposed upon

appellant on the charges of unauthorized absence vide

order dated 13-06-2001”. (Attached herewith- 04).

This GOOD POSITIVE THING i.e HALVING the charges

against me, has also been done by the Secretary Health

Punjab in his letter dated April 03, 2009 – written incompliance of the orders of Honorable Lahore High Court,

dated 09-03-2009 I QUOTE. “2. Dr. Khalid Mahmood was

proceeded under PCS (E&D) Rules 1999 on the charge of

willful absence from duty w.e.f. 11-1-1999 (11-11-1999)

(attached herewith- 03).

My Lord, I see this as the authorities are already

RETREATING - going on defense, on BACK FOOT. As thecharges against me as mentioned in the “dismissal from

service” order dated 13-06-2001 is / are as follows.



64


pages)

‘……. On the charge of misconduct i.e. willful absence

from duty w.e.f. 11-11-1999 / non compliance of transferorder.’ (attached herewith -02).

My Lord, you are the best judge but I believe, in fact, I am

convinced that the Secretary Health Punjab in his letter

dated 03-04-2009 (attached herewith- 03) and the

SLO in his “report and comments” to the Member PST did

not talk about any “non compliance of transfer order”

BECAUSE this Director Health Bahawalpur order was

against the Government of the Punjab order dated 03-08-

1995 as well as the General Government Policy. To add to

it, the NOTIFICATION OF PCS (E&D) RULES 1999 WAS

DONE ON JUNE 21, 1999 – and the transfer order of the

Director Health Bahawalpur bears date prior to June 21,

1999 (transfer order is dated DECEMBER 31, 1998) and

THIS FACT was brought in the notice of Honorable

Lahore High Court as well as in the notice of the

member PST by my learned lawyer. The Honorable

Lahore High Court DID GIVE WEIGHT to this BUT the

member PST did not, for reasons best known to the

respected member PST -- although after the Secretary

health Punjab letter dated 03-04-2009 and the report &

comments of Senior Law Officer, my lawyer had

congratulated me as he thought we had already won

the case, as the authorities were on back foot already – asthe Director Health Bahawalpur transfer order

dated December31,1998( bearing a date prior to

June 21, 1999) – could not be a reason to punish

and dismiss a 40 years old King Edward Medical



65


pages)

College Graduate under PCS (E&D) rules 1999 which

came into force on June 21, 1999.(ii) My Lord, although I did appeal against the “dismissal from

service order” dated 13-06-2001 to the Secretary Health

Punjab requesting him to REVISIT my case on 12-07-2001

(i.e. within 30 days as I received 13-06-2001 letter in early

July, 2001). BUT EVEN THE VERY MENTION of 30 days TIME

LIMIT speaks of the IGNORANCE of the SLO about PCS

(E&D) Rules 1999 – as in my case the penalty had been

imposed by the Government herself i.e. the Secretary

Health Punjab. The exact word of the SLO, I QUOTE (2nd

sentence of preliminary objections) “He (i.e. I – Dr. Khalid

Mahmood) was required to file departmental

representation / appeal before the Chief Secretary /

appellate authority with in 30 days against the penalty

imposed upon him but he filed no departmental appeal /

representation at relevant time”. (SENIOR LAW OFFICER’S

REPORTS AND COMMENTS ON BEHALF OF SECRETARY

HEALTH, PUNJAB AND THE CHIEF SECRETARY, PUNJAB are

attached herewith- 04).

My Lord, this sentence of the SLO is INCREDIBLE and

UNBELIEVABLE!! How could such an ignorant person

(about PCS (E&D) Rules 1999) be the SLO of the Govt. of

the Punjab? If somebody else had told me, I would not

have believed it because:

(a) 30 DAY LIMIT is NOT APPLICABLE / RELEVANT in my case as

the AUTHORITY in my case is / was the Govt. of the Punjab

herself. i.e. the Secretary Health Punjab (RULE 15, CHAPTER



66


pages)

IV, APPEALS & REVISIONS ETC.) (attached herewith-34-

pages66-67).(b) I was supposed to appeal to the AUTHORITY who passed the

ORIGINAL ORDER (RULE 16, CHAPTER IV, APPEAL & REVISION

ETC). And the AUTHORITY in my case was the Secretary

Health Punjab and not the Chief Secretary Punjab. As a

matter of fact – the Secretary Health Govt. of the Punjab was

also the Appellate Authority according to rule 18

(CHAPTER IV, APPEAL & REVISIONS ETC) which reads:

“Where the original order has been passed by the

government, no appeal shell lie and instead, a

review petition shall lie to the government and the

government may, in its discretion, exercise any of

the powers conferred on the appellate authority”.

My lord, this is exactly what I did i.e. made an appeal and

requested the Secretary Health Punjab to REVISIT my case on 12-

07-2001. I also appealed to the Chief Secretary Punjab on 20-08-

2003. But the member PST under the wrong guidance and

input of the Senior Law Officer wrote on page 04 point 05

(last two sentences i.e. sentence No. 04 & 05). I QUOTE, “While

even otherwise this alleged appeal (i.e. my appeal to the

ChiefSecretaryPunjab,dated20-08-2003)was TIME-BARRED by

almost two years, the plea of its filing is falsified by the fact that

as reflected by the order dated 09-03-2009 passed by theHonorable High Court in writ petition No. 1160/2009, the alleged

departmental appeal had been filed by the appellant before

Secretary Health Department Punjab (my 12-07-2001 appeal to

the Secretary Health Punjab) and not before the Chief Secretary

and accordingly directions were given by the Honorable High



67


pages)

Court to the former (i.e. Secretary Health) for decision of the

same. It is also note worthy that under law / rules no appealagainst the order of an authority lies before the same authority”.

My Lord, this is INCREDIBLE! This is UNBELIEVABLE that member

PST has written these sentences which NOT ONLY show the

ignorance of the writer about PCS (E&D) Rule 1999 and the wrong

input of the SLO, BUT ALSO amounts to CONTEMPT of Honorable

Lahore High Court (as what these sentences mean is: Honorable

Lahore High Court did not know the law / rules and ordered the

wrong authority to do what that authority could not do), WHILE I

AM HUNDRED PERCENT SURE THAT HONORABLE LAHORE HIGH

COURT KNOWS LAW/RULES BETTER THAN ANYBODY IN THE

PUNJAB AND HONORABLE LAHORE HIGH COURT KNEW THE

LAWS / RULES (PCS (E&D) 1999 CHAPTER-IV APPEALS &

REVISIONS ETC.) BETTER THAN ANY OTHER AUTHORITY AND

CALLED MY REQUEST REASONABLE. MOREOVER I went to the

Chief Secretary Punjab first when I went to Lahore after getting

Honorable Lahore High Court order dated 09-03-2009 and got it

received by the receipt clerk of the Chief Secretary Punjab (Mr.

Iqbal) and the Chief Secretary (Mr. Najeeb Bhutta) personally sent

me to the SECRETARY HEALTH on 25-03-1999. The Secretary

Health granted me an interview on 27-03-1999 and later signed

the letter dated 03-04-2009 which I got in my hand after about

02-03 weeks. Of course all these officers (i.e. the Chief Secretary

Punjab and the Secretary Health Punjab), I am sure, did notmisunderstand the Honorable Lahore High Court order and I am

sure they know PCS (E&D) Rule 1999 also.

My Lord, the last sentence of 4(ii) reads : “That, thus his appeal

(i.e. my appeal) being time – barred before lower forum, it had



68


pages)

been held by Honorable Supreme Court in its judgment reported

as PLD 2002 SC 10 that where appeal / representation before thedepartmental authority was time barred, appeal before Punjab

Service Tribunal was not maintainable”. As far as the reference of

this Supreme Court decision is given in support of his FALSE

STAND by the Senior Law Officer, that again shows and reveals

his lack of knowledge about at least my case. My request had

already been DECLARED REASONABLE by Honorable Lahore High

Court on 09-03-2009. Lahore High Court is NO lower forum /

departmental authority BUT the HIGHEST FORUM of the Punjab– higher than the Secretary Health Punjab or the Chief Secretary

Punjab.

My Lord, it is again incredible and unbelievable that the member

PST rejects my appeal giving this reference in point 06 of the

judgment sheet i.e. giving MORE WEIGHT to the ignorance of the

SLO and departmental authorities and NO WEIGHT to the actual

Honorable Lahore High Court decision. To me this amounts to

contempt of Lahore High Court, Lahore.


My Lord, as far as point 05 of the judgment sheet of respected

member PST is concerned, my submissions are as under:

(a) My Lord, in the first sentence of this point 05, the

respected member PST wrote about the CONTENTIONS of the

respondents and those of my lawyer. I will not comment onwhether my lawyer’s contentions HAD FORCE OR NOT. To me,

this is something SUBJECTIVE.

BUT, I most respectfully DIFFER with member PST when he calls

the contention of my lawyer factually wrong. In fact, the STAND of



69


pages)

the respondents was and is FACTUALLY WRONG – as I have

already explained earlier in my rebuttal of the “Dismissal fromService” order dated 13-06-2001 and I have already written about

the Secretary Health letter dated, April 03, 2009 as well as later

my submissions about “REPORTS AND COMMENTS OF SENIOR

LAW OFFICER OF THE PUNJAB HEALTH DEPARTMENT ON BEHALF

OF SECRETARY HEALTH PUNJAB AND CHIEF SECRETARY PUNJAB”.

(b) As far as the 2nd and the 3rd sentence of this point 05 is

concerned, the member PST - for reasons best known to him did

not mention my appeal to the Secretary Health Punjab dated 12-

07-2001 against the penalty order dated 13-06-2001, BUT did

mention my appeal to the Chief Secretary Punjab dated 20-08-

2003 which according to hisgoodself was time barred by two

years, again being guilty of CONTEMPT OF COURT.

(c) While the 4th & 5th sentences of this point 05 are incredible

and unbelievable! They read : “While even otherwise this

alleged appeal (i.e. appeal to the Chief Secretary Punjab dated20-08-2003) was time barred by almost two years, the plea of its

filing is falsified by the fact that as reflected by the order dated

09-03-2009 passed by the Honorable High Court in writ petition

No. 1160/2009, the alleged departmental appeal had been filed

by the appellant before Secretary Health Department Punjab, (my

appeal to Secretary Health Department Punjab dated 12-07-2001)

and not before Chief Secretary and accordingly directions were

given by Honorable High Court to the former (i.e. Secretary HealthDepartment Punjab) for the decision of the same. It is also note

worthy that under the law / rules no appeal against the order of

an authority lies before the same authority”.



70


pages)

My Lord, what do I do now EXCEPT to wonder which law /

rules the respected writer / author of PST judgment sheetis / was referring to? As far as I can make out, the writer of the

judgment - sheet either did not read PCS (E&D) rules 1999 or

forget the law / rules specially CHAPTER-IV – APPEALS, REVISIONS

ETC OF PCS (E&D) rules 1999 (specially Rule 15, rule 16, rule 18).

Punjab Civil Servant (E&D) rules 1999 are attached herewith.(34-

pages58-69 a,b,c, 08leaves/15 pages__).


My Lord, coming to point 06 of the judgment sheet of the

member PST, although the first sentence is FACTUALLY WRONG

but I AM CURIOUS ABOUT ONE THING what is “time limit” or the

“stipulated period” (as written by member PST in point 01 on

page 02 also)? What did the member PST mean by “time limit” or

“stipulated period”? Does he mean that I must / should have

appealed within 30 days of the receipt of my dismissal order

under the wrong input from Senior Law Officer? Although I didthe same i.e. 13-06-2001 “dismissal from service order” of the

then Secretary Health Punjab was received by me in Early July

2001 and my appeal to revisit my case to the Secretary Health

Punjab is dated 12-07-2001, I most respectfully differ with him as

my “dismissal from service order” dated 13-06-2001 was from the

government (i.e the Secretary Govt. of the Punjab) and the 30

days time limit is NOT RELEVANT in my case. Though my appeal

to the Secretary Health Punjab Dated 12-07-2001 against 13-06-2001 order was written within 30 days but that was not

MANDATORY or RELIGIOUSLY REQUIRED as wrongly written

by the SLO in his “report and comments” (on behalf of Secretary

Health Punjab and Chief Secretary Punjab) which along with the



71


pages)

ORIGINAL ORDER OF 13-06-2001 ALMOST TOTALLY and

COMPLETELY INFLUENCED the member PST judgment. This firstsentence of the Point 06 shows and reveals the ignorance of the

author / writer of the judgment (My Lord, I apologize in

anticipation if I am wrong) about PCS (E&D) rules 1999

(SPECIALLY THE RULE 15, 16, 18 – CHAPTER-IV, APPEALS &

REVISIONS ETC.) and also amounts to CONTEMPT OF COURT

(Lahore High Court Lahore order dated 09-03-2009 attached

herewith -07).

My Lord, in SENTENCE 02 OF THIS POINT 06 the member PST

agrees with the Secretary Health Punjab, who in his letter dated

03-04-2009 called my request time barred. Here again the

respected member PST has been guilty of CONTEMPT OF COURT

by following the Secretary Health Punjab who had written this

letter in compliance of the orders of Honorable Lahore High Court

Lahore dated 09-03-2009 in which my request was DECLARED

REASONABLE and the concerned authority / authorities was / were

DIRECTED to decide my department appeal / appeals. The

concerned authority i.e. the Secretary Health Punjab became

guilty of contempt of court by calling my request time barred and

the respected member PST agrees with the Secretary Health

Punjab. It is interesting to note that member PST in point 05

sentence 04 – 05 on page 4 has already written that the Secretary

Health Punjab was NOT THE COMPETENT AUTHORITY in my case

although I most respectfully and humbly DIFFER with him.My Lord, in the 3rd sentence of this point 06, the member PST

gives the reference of a Supreme Court decision (as had already

been wrongly written / quoted by the SLO in his report &

comments on behalf of Secretary Health and Chief Secretary



72


pages)

Punjab) and rejects my appeal – missing a VERY IMPORTANT

POINT that Honorable Lahore High Court Lahore was no lowerforum / departmental authority BUT THE HIGHEST FORUM OF THE

PUNJAB – higher than any Provincial Secretary Health or Chief

Secretary. As a matter of fact, the Secretary Health and the SLO

(on the behalf of the Secretary Health Punjab and Chief Secretary

Punjab) and the respected member PST have been guilty of

CONTEMPT OF LAHORE HIGH COURT, LAHORE which had already

declared my request REASONABLE on 09-03-2009. (attached

herewith- 07).


My Lord, as far as point 07 of the judgment sheet of the respected

member PST is concerned my submissions are as under:

a. I have already rebutted “dismissal from service” order

dated

13-06-2001 of the Secretary Health Punjab, Lahore.

b. This judgment of the member Punjab Service Tribunal is

AS UNLAWFUL and full of ignorance about PCS (E&D)

rules 1999 AS THE ORIGINAL 13-06-2001 “dismissal

from service order”.

Point # 8 (of the judgment of respected member PST )

My Lord, the last point 08 of the respected member Punjab

Service Tribunal reads: “In view of what has been discussedabove, the appeal has no merit and is dismissed accordingly”

My Lord, I most humbly and respectfully want to bring in the

notice of Your goodself that the trial and this JUDGMENT of the



73


pages)

respected member Punjab Service Tribunal is / was a TRAVESTY

OF JUSTICE.My Lord, according to the respected member PST (written in

the last sentence of point 01) my appeal was against two orders

of the Secretary Health Punjab, I QUOTE member PST “The

order of respondent No. 1 (i.e. the Secretary Health Punjab) which

was communicated to the appellant (i.e. me) vide a letter dated

3.4.2009 of Health Department has been assailed through the

instant appeal along with the previous order dated 13-06-2001”.

My Lord, as far as 13-06-2001 “Dismissal From Service”

order is concerned, I have already rebutted it. I think this 13-06-

2001 (the original order) is UNLAWFUL (this fact was brought

in the notice of member PST by my lawyer also) – as I

could / should not have been punished for a SO-CALLED CRIME,

i.e. “non-compliance of transfer order”, the date of which has

NEITHER been given in the ORIGINAL “Dismissal From Service”

order of the then Secretary Health Punjab dated 13-06-2001 NORthe date of that transfer order is mentioned in the judgment of

respected member PST. I guess the TRANSFER ORDER, mentioned

in the “dismissal from service” order of the Secretary Health

Punjab as well as in the judgment of member PST IS the Director

Health Bahawalpur transfer order dated December 31st, 1998

which was NOT ONLY against the Govt. of the Punjab Order

dated 03-08-1995 BUT ALSO against the general government

policy. AND LAST BUT NOT THE LEAST, the very MENTION of this December 31, 1998 transfer order of the then Director Health

Bahawalpur as a charge against me MAKES THE “Dismissal From

Service Order” dated 13-06-2001 UNLAWFUL – as I could/should

not have been punished for a SOCALLED crime said to have been



74


pages)

committed in January 1999 under rules which CAME INTO BIRTH /

FORCE on June 21, 1999 – PCS (E&D) Rules 1999.My Lord, as far as the letter 03-04-2009 of the Secretary

Health Punjab is concerned, it is NOTHING BUT OUTRIGHT

CONTEMPT OF Honorable Lahore High Court, Lahore order dated

09-03-2009 PLUS IGNORANCE of the writer about PCS (E&D) Rules

1999. According to PCS (E&D) Rules 1999, “stipulated period” is

NOT RELEVENT in my case, though my appeal to the Secretary

Health Punjab, dated 12-07-2001 was within 30 days.

My Lord, how could the respected member PST write that my

appeal has no merit? (Does the respected member PST think that

ONLY UNLAWFUL ORDERS / CONTEMPT OF HIGH COURTS HAVE

MERITS!)? This is INCREDIBLE! Your goodself is requested to

intervene and DO JUSTICE TO ME WHICH COULD BE SEEN also by

all – as JUSTICE in my case would also be REIGNING the CRUEL,

INHUMAN ELEMENTS IN BUREAUCRACY (I am not writing this for

every member of bureaucracy of our unfortunate country) besidesBENEFITING ME.

Thanking your good-self in anticipation.

Dated __________ Yours obediently,

Attached Herewith (KHALID MAHMOODMBBS)37 Documents consisting of R/o: Room # 35, Doctors Hostel,52 leaves/62Pages. Abbas Manzil, Near District Courts,Bahawalp

Mob #: 0334-6871505

PLEASE NOTE: As I am, at the present moment living in ADoctors Hostel, my one other address may kindly be noted: KhalidMahmood (DR) C/o Mr. Asad Ali Ahmad M.A (PU), M.A Edu. (AUBBeirut), 847-F, Model Town “B” Bahawalpur.(Mr.Asad Ali Ahmad’smobile phone number is 0333-6364290.) I shall be very grateful if



75


pages)

I am informed at BOTH OF THESE ADDRESSES. Thanking yourgood-self in anticipation.

COPY TO:

1. The Respected President, Pakistan Supreme Court BarAssociation, Islamabad, Pakistan.

2. The Respected Principal, Cadet College, Hasan Abdal (CCH).

3. The Respected Principal / Vice Chancellor King EdwardMedical College / University, Lahore, Pakistan.

4. The Respected Chief Minister of the Punjab, Lahore,Pakistan.

5. His Excellency, the Respected Prime Minister of Pakistan,Islamabad.

THE COPIES TO ABOVE RESPECTED FIVE ARE FORINFORMATION, HELP AND, PROTECTION.

Yours obediently,

Attached Herewith (KHALID MAHMOODMBBS)37 Documents consisting of R/o: Room # 35, Doctors Hostel,52 leaves/62Pages. Abbas Manzil, Near DistrictCourts,Bahawalpur. Mob.#: 0334-6871505