This writ petition calls into question order dated 30.04.2019 passed by the District Judge, Faisalabad rendered in an appeal filed under section 30 and 31 of the Punjab Healthcare Commission Act, 2010 by Respondent No. 2.
2. The facts of the case in brief are' that Respondent No. 2 was running a medical store which was inspected by the Deputy District Health Officer under the authorization of the petitioner/Punjab/ Healthcare Commission. Respondent No. 2 was found to be practicing allopathic medicine without any license from Pakistan Medical & Dental Counsel (PMDC) or a registration certificate issued by the Punjab Healthcare Commission. The medical store being operated by Respondent No. 2 was accordingly sealed and notice was issued to him. After granting hearing to Respondent No. 2.
Punjab Healthcare Commission inter alia, imposed a fine of Rs. 400,000/- on him through order dated 02.07.2018. Respondent No. 2 filed an appeal against the said order before the District Judge under sections 30 and 31 of the Act. During the pendency of the appeal, however, Respondent No. 2 without any protest deposited an amount of Rs. 400,000/-imposed as fine with the petitioner/Punjab Healthcare Commission. Although this fact was brought to the notice of District Judge, Faisalabad, the fine imposed by the petitioner/Punjab Healthcare Commission was reduced to Rs. 75,000/- while dismissing the appeal.
3. Learned counsel submits that appeal of the Respondent No. 2 was dismissed by the District Judge by accepting the fact that quackery was being practiced by him. It is accordingly submitted that the District Judge erred by reducing the amount of fine to Rs. 75,000/- from Rs. 400,000/-.
Learned counsel for Respondent No. 2, on the other hand, supported the order passed by District Judge by stating that Respondent No. 2 did not indulge in quackery and that the fine was rightly reduced in view of the small medical facility being operated by him.
4. Arguments heard, record perused.
5. Respondent No 2 after the imposition of fine by the Punjab Healthcare Commission without any protest deposited the same and as such he had no right to challenge the said order.
6. Be that as it may, the District Judge while dismissing the appeal made the following observations: "From the above discussion it is clear that appellant was not authorized to even run Medical Store rather he was doing quackery therein. In this way he was playing with the lives of innocent citizens and the factum of quackery stands proved against him by way of recovery of aforesaid material.
He was rightly held guilty by the Commission. The material available on record evinces that provision of section 4 of the Punjab healthcare Commission Act, 2010 was duly complied with. The appellant failed to point out any illegality or irregularity in the order impugned. Hence, this appeal fails, as such the same is dismissed."(Emphasis Supplied).
In view of the aforementioned observations, the District Judge could not reduce the fine by stating that the gravity of the offence and the g strength of business being operated by Respondent No. 2 so warranted. In any event, the District Judge did not enter into any meaningful discussion in the impugned order for reducing the fine.
7. In view of the fact that Respondent No 2 had deposited the fine without any protest, the appeal before the District Judge could not continue. In the result, this writ petition is allowed and order passed by District Judge on 30.04.2019 is set aside.