By Bureau Report
PESHAWAR: Peshawar High Court has suspended a show-cause notice issued by the chief minister to former director general (health services) Dr Shaukat Ali for the dismissal from service and recovery of Rs171 million from him over alleged corruption and misuse of authority.
A bench consisting of Justice Sahibzada Asadullah and Justice Farah Jamshed also directed law-enforcement agencies, including the anti-corruption establishment, to provide details of cases and inquiries initiated against the ex-DG.
While hearing two petitions of Dr Ali, it also directed them not to arrest or harass the petitioner and adjourned the hearing until July 23.
In one petition, the former DG challenged the issuance of show cause notice to him by the chief minister on June 12, claiming that he had retired on June 9 after which conducting any disciplinary proceedings against him is illegal.
Stops law-enforcement agencies from arresting Dr Shaukat Ali
He requested the court to declare illegal the notice and any further proceedings or recommendations arising out of an inquiry committee鈥檚 report against him.
In the other petition, Dr Ali sought the court鈥檚 orders for respondents, including the provincial government, ACE director general and inspector general of police, for providing complete records of all cases, FIRs and inquiries, whether pending or concluded, against him, including specific details of any proceedings wherein his arrest was being sought.
The chief secretary had ordered disciplinary proceedings against the petitioner last year in light of a fact-finding report by an inquiry committee about alleged irregularities, abuse of authority and financial embezzlement in procurement of medicines and medical devices for the year 2023-24, causing a loss to the exchequer.
The chief secretary had served a charge sheet or statement of allegations on the petitioner and some other officers of the health department and had constituted an inquiry committee.
Upon completion of inquiry by the said committee, the KP chief minister Ali Amin Gandapur, being the competent authority, had served the impugned show cause notice on the petitioner stating that he was satisfied that the petitioner had committed acts of inefficiency, misconduct and corruption specified in Rule 3 of the KP Government Servants (Efficiency and Disciplinary) Rules, 2011.
The chief minister said that as a competent authority he had tentatively decided to impose on the petitioner the penalty of dismissal from service and the payment of Rs171 million.
The petitioner was asked to show cause as to why the said penalty should not be imposed upon him.
Senior lawyer Shumail Ahmad Butt appeared for the petitioner and said that his client had joined the health department in 1991 as medical officer and subsequently after serving against different important posts he was appointed as director general health services on Jan 17, 2023.
He said that during his tenure as DG, his client was exposed to a very pleasant situation with the incumbent chief minister over transfer of an employee in the health department. As a result, harsh and retaliatory actions were taken against the petitioner, according to him.
The lawyer said that certain 鈥渦nscrupulous鈥 individuals also began making unlawful demands, insisting the petitioner to yield to unlawful directions, including many unmerited postings and transfers, and procurements.
He argued that a multitude of inquiries were initiated against the petitioner to victimise him.
Mr Butt noted that an inquiry committee headed by Senior Member Board of Revenue Javed Marwat, at the behest of the chief minister, had compiled a so-called report recommending the penalty of dismissal from service along with recovery.
He argued that the impugned show cause notice, which was a continuation of the inquiry proceedings, was issued by the chief minister on Jun 12, 2025, whereas the petitioner had retired on June 9.
The counsel contended that the respondents had been proceeding against the petitioner after retirement in violation of Rule 54-A of the Fundamental Rules.
He said in several judgements, the superior courts had declared that similar instances came up for hearing in those cases.
Mr Butt said that once the petitioner ceased to be a civil servant, the disciplinary jurisdiction under the E&D Rules also ceased.
He added that soon after retirement, the houses of the petitioner in Hayatabad, Peshawar and Dir were raided by the personnel of ACE along with police with mala fide intent.
The lawyer contended that the petitioner hadn鈥檛 been given any information by the government or ACE about the cases or inquiries pending against him.
Published in Dawn, July 5th, 2025