Cabinet sacks CEO DRAP
Cabinet appoints Asim Rauf as CEO, DRAP for three months or till the appointment of CEO
Aftab Ahmed
Islamabad: Cabinet has terminated the services of Shaikh Akhtar Hussain as Chief Executive Officer (CEO) Drug Regulatory Authority of Pakistan (DRAP) following charges of the illegal degree of Ph.D.
It also decided to re-advertise the post of Chief Executive Officer (CEO) Drug Regulatory Authority of Pakistan (DRAP) as the interview committee has given the highest numbers to Shaikh Akhtar Hussain having an invalid degree of Ph.D.
The cabinet has also appointed Asim Rauf as CEO, DRAP for three months or till the appointment of CEO.
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It has also terminated the services of Shaikh Akhtar Hussain as Chief Executive Officer (CEO) Drug Regulatory Authority of Pakistan (DRAP) following charges of the illegal degree of Ph.D.
The cabinet has also decided to scrap the process of appointing new CEO DRAP as the interview committee had placed the name of Hussain on top of the list in merit order despite he had an invalid degree of PhD.
The cabinet in a decision said that the appointment of Shaikh Akhtar Hussain as CEO, DRAP is vitiated due to submission of an invalid Ph.D. degree from a non-chartered university, not recognized by HEC, hence, his appointment was void ab-initio.
During the process of appointing permanent CEO, the Interview Committee awarded 8 additional marks to Shaikh Akhtar Hussain on account of additional qualifications i.e., Ph.D. (Pharmacology) degree from “Open International University” Colombo, Sri Lanka.
Due to these additional marks, Shaikh Akhtar Hussain secured the highest marks of 83.5% and thus stood at merit No. 1, whereas Mr. Asim Rauf was at merit No. 2 and got 82% marks.
The ministry informed the cabinet that views sought from HEC should have been obtained at the time of formulating the evaluation of candidates and before awarding of 8 Additional marks to Sheikh Akhtar Hussain which was an oversight by the Interview Committee of the Policy Board.
Shaikh Akhtar Hussain had filed WP No. 882/2019 in the Islamabad High Court, Islamabad, and got a stay order against the order dated 07.03.2019. Finally, the stay order was vacated and the court passed an order that the petitioner should be entitled to all the benefits of an officer under suspension until the decision of the Policy Board under Regulation 10(1) of the 2015 Regulations of DRAP.
In accordance with Section 10 (1) of DRAP Employees Service Regulations, 2015, the Federal Government may remove the CEO or any Director of the Authority on the recommendations of Policy Board with a two-thirds majority, for CEO and single majority for Director, after serving 90 days Notice.
The Ministry of National Health Services, Regulations, and Coordination sought some clarification from the Ministry of Law and Justice before placing the case for Policy Board.
Law Ministry clarified that Shaikh Akhtar Hussain could be removed only through the process prescribed in Regulations 10(1) of the 2015 Regulations.
Accordingly, the Ministry of National Health Services, Regulations & Coordination directed DRAP for holding the meeting of the Policy Board, DRAP for consideration of the removal of the CEO, DRAP under Regulation 10 (1) of the DRAP Employees Service Regulations, 2015.
The Policy Board, DRAP made recommendations in its 33rd meeting held on 17th August 2020.
It recommended termination of the services of Shaikh Akhtar Hussain as CEO, DRAP after serving 90- day notice in terms of Regulations 10 (1) of the DRAP Employees Service Regulations, 2015. Another recommendation was to regularize services of Mr Asim Rauf as CEO, DRAP since 01.04.2019 being alternate candidate till the appointment of a regular incumbent. It also recommended initiating the process for the hiring of new CEO, DRAP.
National Health Services, Regulations & Coordination Division sought the approval of the Cabinet to the following legal course.
The ministry sought to declare the appointment of Shaikh Akhtar Hussain as CEO, DRAP as void. ab-initio.
Mr. Asim Rauf may be appointed as CEO, DRAP for three months or till the appointment of CEO, whichever is earlier under sub-section (6) of Section 5 of the DRAP Act.
The Ministry sought permission to re-advertise the vacant position of regular CEO, DRAP.
The Cabinet considered the summary titled ‘Removal of Chief Executive Officer (CEO), Drugs Regulatory Authority of Pakistan (DRAP) under Ministry of National Health Services, Regulations and Coordination (NHSRC)’ dated 5th March 2021, submitted by the National Health Services, Regulations” & Coordination Division and approved as follows:-
i): The ministry recommended to declare the appointment of Shaikh Akhtar Hussain as CEO, DRAP to vitiate due to submission of an invalid Ph.D. degree from a non-chartered university, HEC had not recognized. Therefore, his appointment is void ab-initio.
It also sought to ratify all Policy/Financial decisions Shaikh Akhtar Hussain took from 27.12.2018 to 07.03.2019 and Mr. Asim Rauf since 07.03.2019′, while performing the functions being Chairman of the Authority and Chairman of the Appellate Board by the Policy Board DRAP.
