M.A. ZAFAR, J.--- The facts giving rise to the present petition are that petitioner is amongst four doctors who were offered the appointment to the post of medical officers in BS-17 on contract basis vide office memorandum No. MO/WMO/7912/EDO (H), dated 11.8.2007 issued on behalf of the Government of the Punjab Health Department in response whereto the petitioner has joined as medical officer in Tehsil. Headquarters Hospital, Murree and had been performing his duties. Initially the contract was fixed for a period of two years extendable further. Under clause 18 of the appointment letter dated 11.08.2007 the service of the petitioner is liable to be terminated on one month's notice or on deposit of one month pay in lieu thereof on either side without assigning any reason. The contract between the parties was also liable to be terminated with any notice or administrative ground or on account of poor performance/undesirable conduct or un- authorized/wilful absence from duty.
2. That after the appointment vide letter dated 11.08.2007 and posting of the petitioner at THQ hospital Murree, the Medical Superintendent THQ, Murree issued a warning letter to the petitioner dated 12.11.2007 to be careful and regular in duty and on account of his absence an explanation of the petitioner was also called by the Executive District Officer (H), Rawalpindi vide letter dated 22.11.2007.
3. Again on 15.04.2008 a notice/warning was served by the Medical Superintendent THQ, hospital, Murree to petitioner for manipulating Medical Certificate dated 15.04.2008 issued by him. The District Officer (Health) in his tour note observed that Dr. Shuja Nawaz has habit not to mark his attendance in "Attendance Register" and as a result warning was issued to him. The Medical Superintendent THQ hospital, Murree vide letter dated 12.05.08 reported in Performance Evaluation Report that the performance of the said Medical Officer was very poor. The Executive District Officer (Health) Rawalpindi in his tour note issued warning to the petitioner for poor performance vide letter dated 11.07.2008 after the tour of THQ hospital, Murree a show-cause notice dated 29.09.2000 was issued to the petitioner to reply the following charges:-
(i) According to duty roster you refuse to perform Saturday duty.
(ii) According to the duty roster for the month of August, 2008, 4 days in a week was your duty but in the whole month you only attended the hospital on 14th, 16th, 18th, 21st & 25th roster of the duties were attended by the other CMOs.
(iii) On the night of 25th August, 2003, you admitted 15 patients, majority of them with minor ailments and prescribe infusion/lactate to each one of them which is short of supply in the hospital, tried to create resentment amongst the patients and while the case was under process, you again absented on 28.08.2008 without any limitation.
(iv) You deliberately not marking your attendance in the register to cover your absence/poor performance.
(v) Learnt that your performance at previous work station i.e. BHU, Kamkot Haider was also not very commendable. Your attitude towards service is totally unlike of a responsible officer.
(vi) In your reply to the Medical Superintendent, THQ hospital, Murree, you very lightly considered the issue and have requested for termination of your contract. The Medical Superintendent opines that your request may kindly be honoured and your contract may be terminated on account of being irregular, poor performance, unwilling worker and misconduct.
4. The grievance of the petitioner is that although seven days' time was given to the petitioner to reply show-cause notice but before the expiry of the same the services of the petitioner were terminated vide letter dated 4.10.2008 by invoking condition No. 18 of the contract appointment order dated 11.08.2007.
5. Learned Law Officer has placed on record a report dated 20.11.2008 submitted by the Medical Superintendent THQ hospital, Murree to the Executive District Officer (Health) Rawalpindi regarding the incident occurred on 3rd October, 2008 and also a copy of the application moved by Sayed Karamat Hussain levelling allegation against the petitioner that he had not attended his daughter- in-law namely Syeda Shabana Bibi who was brought to hospital in an injured condition having received injuries in a Car accident.
5. The Medical Superintendent THQ hospital, Murree in his report dated 20.11.2008 reported as under about the allegations against the petitioner:
(i) Not calling the Women Medical Officer on call to examine the medico-legal case of Mst.
Shabana Bibi.
(ii) Got the patient examined by a female ward servant instead of Women Medical Officer after considerable lapse of time.
(iii) Disposing of the female medico legal patient on his own and verbally referring her to a private clinic for USG.
(iv) Getting into arguments with the attendants to cover his short comings.
During the past few months the attitude of the said officer has remained unlike of a being good officer regarding punctuality and attitude towards his duties. Necessary disciplinary action has already been recommended against 4 him to the competent authorities."
6. In this back drop petitioner's services were terminated and I do not find any illegality committed by the respondents in terminating the services of the petitioner by invoking clause-18 of the appointment letter dated 11.08.2007. Moreover, a contractual obligation cannot be challenged in a writ jurisdiction as held by the Hon'ble Supreme Court of Pakistan in case of Zonal Manager, U.B.L. & another v. Mst. Perveen Akhtar (PLD 2007 SC 298) and Pakistan Muslim League (N) through Kh.
Muhammad Asif, M.N.A. & others v. Federation of Pakistan through Secretary Ministry of Interior & others (PLD 2007 S.C. 642).
7. For the fore going reasons, there is no force in this petition and the same is dismissed in limine. .