IN THE COURT OF DISTRICT AND SESSIONS JUDGE, LAHORE.
Appeal No. /2025
M/S CMH College Laboratory Collection Centre, 1-A Angori Park
Shalimar Link Road, Lahore. Operate Through Manager Muhammad
Usman Butt S/O Muhammad IlyasButt R/O House No 9-A,Street No.163,
Mohalla Shah Abdul Ghani, Baghban Pura, Lahore.
Appellants
Vs.
Punjab Healthcare Commission, 185 Ahmed Block, Garden Town Lahore
Respondents
APPEAL UNDER SECTION 31 OF THE PUNJAB HEALTHCARE
COMMISSION ACT 2010 AGAINST THE DECISION DATED
impugned Case No. AQC-56898-01-05 Dated 24-01-2025.
Respectfully Sheweth,
1. That the appellant is the owner and manager of Welcome Dental
Surgery, which was registered with the Public Health Commission
(PHC) on June 24, 2019. He has also established a collection center
named CMH College Laboratory Collection Centre at the same
premises. The appellant states that he has already submitted an
application for registration with the PHC. Additionally, the CMH
College Laboratory Collection Centre has been registered and licensed
under the PHC Act of 2010 as of January 30, 2025. For your reference,
copies of the Welcome Dental Surgery registration/license and the
CMH College Laboratory Collection Centre registration/license are
attached as Annexures A and B.
2. The following details were briefly submitted as part of the report by the
Authorized Officer, Mr. Usama Akram. On February 6, 2025, the
Manager (Enforcement) of the Punjab Healthcare Commission (PHC)
visited the premises mentioned above and found the respondent,
Muhammad Usman Butt, operating a collection point under the name
"CMH College Laboratory Collection Centre." This operation was
being conducted without mandatory registration from the PHC, and he
was providing healthcare and diagnostic services in violation of the
PHC Act, 2010, and the Punjab Healthcare Commission Regulations
for Banning Quackery in All Its Forms and Manifestations, established
in 2016. Muhammad Usman Butt had been operating without the
required registration and license from the PHC, as stipulated in
Sections 13 and 14 of the PHC Act, 2010. A copy of the PHC order is
attached as Annex A.
3. During the visit, the Authorized Officer discovered the following
items/materials on the premises as evidence: -
Over 100 new sample collection tubes –
One centrifuge machine –
One printer –
One laptop
Additionally, it is noted that the Welcome Dental Surgery was
registered with the PHC on June 24, 2019. The CMH College
Laboratory Collection Centre was registered on January 30, 2025, with
copies attached as Annexures C and D.
4. It is important to note that the dental surgery and collection center
operate under the same roof. When a patient with conditions such as
high blood pressure, high cholesterol, diabetes, or any other health
issue needs to have a blood sample taken prior to dental surgery,
several key tests are usually included in the blood report. These tests
typically consist of a Complete Blood Count (CBC) to assess for
anemia, platelet counts, and potential infections, as well as blood
chemistry tests to evaluate organ function. Coagulation studies may
also be performed to ensure proper blood clotting during and after the
procedure. It is essential to discuss these findings with your dental
surgeon to ensure safety during the surgery. Additionally, screenings
for HIV, Hepatitis B, and Hepatitis C are conducted for infection
control purposes, especially if the patient is undergoing a more invasive
procedure.
5. That the respondent, the Commission, recorded the evidence and
summoned the records. And the appellant proved that the M/S CMH
College Laboratory Collection Centre does not provide any healthcare
services for the diagnosis, treatment, or care of individuals suffering
from any physical or mental disease, injury, or disability. This includes
procedures that are similar to medical, dental, or surgical care but are
not associated with a specific medical condition, as well as any other
services notified by the Government that do not violate Section 2,
subsection xv, and subsection xvi.
6. That It is an admitted position that at the time of visit, the inspection
team pf PHC unlawful and illegally challan and impose of fine under
PHC in terms of Section 13 & 14 of the PHC Act. 2010.
7. That the decision made by the respondent is not sustainable and the
same is liable to be set aside and cancelled inter alia on the following
grounds:
**GROUNDS**
a. The respondent has failed to adequately consider the record and the
arguments presented by the appellants, resulting in findings that are
fundamentally erroneous and untenable.
b. The respondent has been overly aggressive in alleging non-registration and
non-licensing from the Punjab Healthcare Commission (PHC) concerning
Sections 13 and 14 of the PHC Act, 2010. A careful analysis of the record and
evidence indicates that the appellants followed the standard procedures, and
these issues cannot be attributed to them. However, the respondent
commission did not accurately interpret the evidence, which represents a clear
case of misreading and failing to read the evidence.
c. Welcome Dental Surgery was registered with the PHC on June 24, 2019,
and has also established a collection center named CMH College Laboratory
Collection Centre, which was registered on January 30, 2025. The appellants
possess the required qualifications and expertise, as confirmed by the record.
Nonetheless, the respondent commission made a serious error in alleging
negligence or misconduct, leading to findings that are arbitrary, perverse, and
unsustainable.
d. According to the Preamble of the PHC Act, 2010, the establishment of the
Punjab Healthcare Commission aims to implement measures to improve the
quality of healthcare services, eliminate quackery in all forms, and address
related matters. The PHC often imposes fines for violations of health
regulations, which may pertain to sanitation, licensing, or non-compliance
with health standards. These regulations apply to all healthcare
establishments, including public and private hospitals, non-profit
organizations, charitable hospitals, trust hospitals, as well as semi-government
and autonomous healthcare organizations. The findings leading to the
impugned decision by the respondent commission have been cursory,
superficial, and unwarranted, and therefore, cannot be upheld.
e. As per section 2 – (xv), a "healthcare establishment" refers to hospitals,
diagnostic centers, medical clinics, nursing homes, maternity homes, dental
clinics, homeopathy clinics, Tibb clinics, acupuncture centers, physiotherapy
clinics, or any other premises or conveyance. Therefore, the M/S CMH
College Laboratory Collection Centre does not fall under section 2,
subsection (xv) or section 2, subsection (xxix). As a result, the impugned
Challan No. AQ-310125-017974 for Rs 100000/- should be set aside. The
decision to impose this penalty, including the fine, is legally untenable and
factually incorrect.
f. The complaint filed by the respondent and the inspection conducted by Mr.
Usama Akram, Manager (Enforcement) of the Punjab Healthcare
Commission (the Authorized Officer), violated Section 2, Subsection xviii. If
the impugned decision is not recalled and set aside, the appellants would
suffer irreparable loss and injury.
g. The prescribed legal procedures were not followed, and therefore, the
complaint should have been dismissed solely on that basis. It is astonishing
that the Commission's decision did not even address this point, leaving the
legal lacuna unexamined. Consequently, the complaint, being not barred by
limitation, should have been dismissed, making the impugned decision
patently illegal. Furthermore, when imposing the penalty of a fine on all three
appellants, the Commission failed to specify which provision of the Act was
invoked for this imposition. As a result, the decision is inherently defective
and erroneous.
h. That the Commission while imposing the penalty of fine on the entire
three appellant did not mention or specify /applicable as to which
provision of the Act was invoked for said imposition and the decision
in the circumstances is inherently defective and erroneous.
i. That the Commission conducted the proceedings in a summary manner
and cursorily whereas there are serious gaps and breaches which do not
withstand the test of judicial scrutiny and conscience while due process
of law has not been adopted hence the decision is not in consonance
with the spirit of the law and fair opportunity of trial.
j. That the proceedings were conducted by the Commission in serious
violation of the law and procedure on the subject and the appellants
have seriously been prejudiced.
k. That the documents and oral statements etc relied upon by the
Commission to indict and impose penalty upon the appellants are of no
evidentiary value and the decision of the Commission is therefore
based on material unworthy of credit and credence.
l. That the Commission while making the impugned decision has treated
the self-serving solitary statement of the without
complainant/respondent as gospel truth which was not corroborated and
did not stand the test of impartial scrutiny as this has caused serious
prejudice to the appellants.
m. That further submissions and the grounds available to the appellants
shall be put forth before this honorable court at the time of arguments
for which the appellants crave for grant of appropriate opportunity.
Prayer
In view of the above submissions, it is respectfully prayed that this appeal
may kindly be accepted and the decision dated 24.01.2025 passed by
respondent commission may kindly be set aside and cancelled in the interest
of justice.
It is also prayed that during the pendency of this appeal, the operation of
impugned decision may kindly be suspended/stayed.
Any other relief which this honorable court deems appropriate in the facts and
circumstances of the case may also kindly be granted.
Appellants
Through
CH. Waheed Akram Muhammad Nadeem Yasin
Advocate High Court Advocate High Court
Rana Umer Amin Muhammad Imran Khalid
Advocate High Court Advocate High Court
CH. Abid Husain Muhammad Ameen
Advocate High Court Advocate High Court
Office No. 212mDewan Centre ,5-Temple Road,Lahore
Note:
As per the instructions of the appellants, this is the first appeal under the subject being
filed before this honorable court.
Advocate
