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2010 YLR 955

MUKHTAR AHMAD KHAN vs Dr. Syed SOHAIL ILTAF, SECRETARY, HEALTH

Citation2010 YLR 955
CourtPeshawar High Court
Judge(s)Dost Muhammad Khan, Hamid Farooq Durrani
ResultOrder accordingly

DOST MUHAMMAD KHAN, J.--The grievance of the petitioner is that the order of the Court dated 5- 6-2007 passed on Writ Petition No,201 of 2007 has been violated by the respondents because the new DHQ Hospital, Swabi, has not been made functional so far despite of all equipment/ purchases and facilities available and the respondents, have blatantly violated the undertakings given to the Court at the time of passing the said judgment.

2. The latter stated that due to the A mass displacement of people from Swat and Malakand, two largest LD.Ps. Camps were established around the new hospital/project and at some distance and the entire medical staff of Swabi, Mardan and also from Ayub Teaching Hospital was deeply involved in examining the treating of almost 30000 I.D.Ps, thus the delay occurred in completion of the project mostly .For that reason, which was beyond the control of the respondents. Further stated that the Senior Civil Judge, Swabi, has granted an injunction order in appending case with regard to the appointments of Class-IV employees for the new hospital and that is the major hurdle in the way of making fully functional the hospital.

3. The explanations offered are worth acceptance and we see no visible defiance on the part of the respondents but for genuine reason the new hospital could not be made fully functional.

4. So far as, the pending case before the Senior Civil Judge is concerned, he is directed to expedite the matter and decide the same within a fortnight. The Additional Registrar (Judicial) and the Member Inspection Team of the High Court are directed to get the progress of the case from the learned Senior Civil Judge, Swabi, on daily basis. If any longer date is given/fixed that should be expedited/accelerated and by all means the matter should be brought to the conclusion to facilitate the respondents to make functional the new hospital in the interest of the public at large particularly C the ailing community.

'With the above observations and directions, this petition along with C.M. No,482 of 2009 is disposed of.

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