' MOAZZAM HAYAT (MEMBER).--- Appellant Muhammad Yasin was appointed as Electrical Muawan Train Lighting vide appointment order dated 18-2-1974. He served Pakistan Railways for about 18 years. He was medically examined by a Medical Board of the Pakistan Railways on 9-3-1992 and was declared completely and permanently incapacitated for further service of any kind in the Railways as he was found a patient of depression. He was accordingly retired from service vide order dated 16-3-1992. In Writ Petition No,3891 of 1999 filed in the Lahore High Court Mr. Justice Faqir Muhammad Khokhar was pleased to order that the Pakistan Railways should take an appropriate decision on the representation of the appellant for reinstatement. This writ was disposed of on 8-3- 1999. The Railway authorities were directed to get the appellant medically examined by a Board of Doctors of Combined Military Hospital (C.M.H), Lahore. He was declared medically fit by this Board.
On the basis of the report of the Board the appellant made repeated representations for his reinstatement. It appears that the Chief Medical Officer of Pakistan Railways had failed to submit his report in the light of findings of the Board of the doctors of the C.M.H., Lahore. The High Court issued a direction to the Divisional Medical Officer, Pakistan Railways to ensure the submission of the report by the Chief Medical Officer without any further delay. Brig. Muhammad Mukhtar, Director, Health and Medical Services disposed of the application of the appellant vide his letter dated 2-3-2000. In this letter a reference was made to a direction issued by the High Court in Writ Petition No,18051 of 1999. Relying on the report of the Psychiatrist of the Pakistan Railways dated 29- 2-2000 the application of the appellant for reinstatement was disposed of by the said Director, Health and Medical Services. Aggrieved by the order of the Director, Health and Medical Services dated 2-3-2000 the appellant has filed the present appeal wherein he has prayed that order by which he was declared permanently incapacitated and unfit for service be declared illegal and he be reinstated into service with back-benefits.
2. The appeal is resisted by the respondents. It is submitted that the appeal is time-barred and that the Chief Medical Officer of the Pakistan Railways had given his opinion that the appellant was not fit for reinstatement into service.
3. We have heard the learned counsel for the parties and have also perused the record.
4. The Honourable Lahore High Court, vide its judgment dated 10-2-2000 passed in Writ Petition No,18051 of 1999, had issued a clear direction to the Divisional Medical Officer, Pakistan Railways to ensure submission of report of medical examination of the appellant by Chief Medical Officer of the Pakistan Railways. In obedience to this direction the report regarding medical examination of the appellant should have been submitted by the Chief Medical Officer. Instead this report was submitted by the Director, Health and Medical Services Brig. Muhammad Mukhtar. It is submitted by the learned counsel for the Pakistan Railways that Brig. Muhammad Mukhtar was the Chief Medical Officer of the Pakistan Railways. On the other hand the contention of the appellant is that Brig.
Muhammad Mukhtar was not the Chief Medical Officer of the Pakistan Railways. Be that as it may, we find that Brig. Muhammad Mukhtar had not given his independent opinion and that he had not considered the report of Board of Doctors of C.M.H, Lahore. The Director made a reference to the report of the Psychiatrist of the Pakistan Railways dated 29th February, 2000 and disposed of the application of the appellant. He did not apply his own mind. He did not even examine the appellant himself. No reason was given for rejecting the report submitted by the Board of Doctors of C.M.H., Lahore. We are constrained to hold that the direction issued by the Lahore High Court in Writ Petition No,18051 of 1999 was not implemented in letter and spirit. It was incumbent upon the Chief Medical Officer to give his opinion after taking into consideration the report of the C.M.H. He should have also examined the appellant himself. The Director, Health and Medical Services of the Pakistan Railways had disposed of the application of the appellant in a mechanical manner without giving reasons. Such an order is no order in the eye of law. It is accordingly set aside.
5. The appeal is accepted to this extent that the respondents are directed to ensure the implementation of the direction issued by the High Court in Writ Petition No,18051 of 1999 vide order dated 10-2-2000. The appellant shall be medically examined by the Chief Medical Officer himself.
He shall also consider the report of the doctors of C.M.H in which appellant was found fit for service.
In case of need the Chief Medical Officer shall be competent to constitute a fresh Board of which he himself shall be the Chairman. At least one Member of the Board shall be a professional psychiatrist or a neuro psychiatrist. The General Manager of the Pakistan Railways shall then consider the claim of the appellant for reinstatement on the basis of report submitted to him by the Chief Medical Officer. With this direction the appeal is disposed of.
6. In normal circumstances the appellant should have filed an application in the High Court for getting its direction implement. This Tribunal is not constituted to execute the direction of the High Court. But we are passing the above order because it was observed by Mr. Justice Jamshed Ali, while deciding Writ Petition No,18051 of 1999 that appellant might, if so advised, have recourse to the remedies available to him under law. This observation was given in view of Article 212 of the Constitution of the Islamic Republic of Pakistan. The appellant, under advice, has filed the present appeal in this Tribunal and we have accordingly issued the above direction notwithstanding the objection of the respondents with regard to limitation. We have refrained from giving any relief to the appellant as prayed for in the appeal. On the contrary we have decided the matter to promote Rule of Law since the highest CoUrt of the Province had issued a direction and this direction was not enforced by the respondents.
' Parties be informed.