Quetta : August 23,2024 : A constitutional petition has been filed before Balochistan High Court (BHC) by a former senior official of Drug Regulatory Authority of Pakistan (DRAP) , highlighting mega corruption of DRAP Chief Executive Officer (CEO) , Asim Rauf .
GROUNDS FOR PETITION:
Conflict of Interest of Respondent No.1 (Mr. Asim Rauf) by running Pharmaceutical Business in the name and style of M/s Zeta Pharmaceuticals, Lahore earlier in the name of his brother (Mr. Aamer Wali Rauf) and, thereafter, in the name of his father-in-law (Mr. Chauhdry Atiq Qamar Fraud played by Respondent No.1 (Mr. Asim Rauf) while on Study Leave with Pay to USA for PhD during 2004-2009 which he failed to complete, but this fact was wilfully and deliberately concealed by Respondent No.6 & 7;
Fraud in calculating the experience in CV submitted by Respondent No.1 wherein he fraudulently calculated his experience of 2004-2009 towards services while he failed to perform the given task (PhD) from USA;
Submitting False and Wrong Affidavit of No Conflict of Interest by Respondent No.1 (Mr. Asim Rauf—CEO DRAP);
Moreover, Respondents No.6-7(M/o NHSR&C) failed to conduct any inquiry about “Conflict of Interest” of Respondent No.1 while they were duty bound to do the needful prior to his such appointment or notification in accordance with law as well as the Advertisement for the post of CEO-DRAP;
Respondent No.6 (Secretary M/o NHSR&C Mr. Aamir Ashraf Khawaja) also fraudulently supported Respondent No.1 by demanding from him names of Experts of Policy Board which was duty of the Respondent No.6 himslef. This provided opportunity to Respondent No.1 to nominate for him Expert members of Policy Board to favor himself even by nominating accused persons of spurious therapeutic goods case—Mrs. Salwa Ahsan, Chief Pharmacist, Shifa International Hospital, Islamabad) (Page#22b-22c);
Members of Policy Board possessed “Conflict of Interests” as such were not eligible to be appointed as members of Policy Board. For example, Mrs. Salwas Ahsan is involved in business of therapeutic goods/drugs;
Respondent No.6-7 (M/o NHSR&C) had clear knowledge about Case (FIR No.09/2016 with FIA, SIU, Islamabad) and Writ Petition No. 3336/2019 filed before Honorable Islamabad High Court which clearly indicated that Member of Policy Board (Mrs. Salwas Ahsan, Chief Pharmacist, M/s Shifa Hospital, Islamabad) is accused of spuruious drugs (Page#22d-22h);
Moreover, Respondent No.6-8 (M/o NHSR&C) had not framed any Rules for appointment of CEO-DRAP as required by Respondent No.2 (Prime Minister) vide letter (Page#22a);
Additionally, Respondent No.2-8(PM Office, M/o NHSR&C, DG-FIA and Policy Board of DRAP) also failed to consider the facts that so many inquiries are pending against Respondent No.1 (including inquiry for PhD-Default despite study leave with pay, illegal Promotion from BPS-18/RO-13 to BPS-19/RO-14 without MCMC/Customized Courses) while according to Civil Service Rules “Declaratio of Pendency of No Inquiry/No Disciplinary Proceedings” is mandatory;
Commission of grave unconstitutional and illegal practices by Respondent No.1 (Mr. Asim Rauf) e.g. No Drug Research & Development in Pakistan, Non-registration of Drugs by their names, keeping FIDs at home without any drug surveillance, non-fixation of prices of alternative medicines & medical equipments leading to looting of people of Pakistan to the tune of billions of rupees as well as providing loss of billions of rupees to national exchequer; AND
No performance of Mr. Asim Rauf (CEO-DRAP) in his entire service period towards public health and safety as well as public exchequer of Pakistan
PRAYER
The petitioner , Dr. Muhammad Aleem Akhter (Ex-Deputy Director DRAP) pleaded in his petition submitted before honorable BHC to declare the entire service and appointment/posting/transfer/promotion/early retirement notifications of Asim Rauf as null and void ab initio for being outcome of fraud and for setting aside all the notifications relating to Mr. Asim Rauf. The petitioner also pleaded
for directing the authorities to recover all the salaries and perks & privileges paid to Mr. Asim Rauf and deposit the same in national treasury. The petitioner submitted to the honourable BHC for directing the authorities (Federal Cabinet & M/o NHSR&C) and Mr. Asim Rauf to prove his eligibility to hold employment into DCA/DRAP despite his clearly proven frauds (during PhD and his conflict of Interest as holding M/s Zeta Pharmaceuticals, Lahore;
For directing to Respondent (Federal Cabinet-PM, M/o NHSR&C and FIA) to bring before this Honorable Court the details of action taken against Respondent No.1 (i.e. Mr. Asim Rauf) including disciplinary proceedings and recovery of salaries for his non-accomplishment of PhD from USA despite provision of study leave with Pay to Mr. Asim Rauf in 2004-2009. The petitioner also submitted to the court to issue directions to Respondent No.2-14 (PM Office, M/o NHSR&C, DG-FIA and Policy Board of DRAP) to explain the reasons for no action against Respondent No.1(Mr. Asim Rauf—CEO DRAP) till-date despite initiation of departmental proceedings and Inquiry against Respondent No.1. He also seek from the court to issue directions to DG-FIA (Respondent No.5) to conduct inquiry through INTERPOL into professional occupation of Respondent No.1 in USA while he was on Study Leave with pay (2004-2009) from Government of Pakistan and probe may please be further extended to his possible Nationality quest of USA or Canada in that period;
Respondent No.5 (DG-FIA) may also be directed to Inquire through INTERPOL into M/s Zeta Pharmaceuticals, Egypt as alleged by the Pakistan Young Pharmacists Association in September 2022 and both the Pharmaceutical Firms (M/s Zeta Pharmaceuticals, Lahore as well as M/s Zeta Pharmaceuticals, Egypt) may please be confiscated into National Exchequer because the same being earned at the cost of public exchequer of poor tax-payers of Pakistan;
Direct the Respondents No.2-14 (PM Office, M/o NHSR&C, DG-FIA and Policy Board of DRAP) to take strict action against Officers of DCA/DRAP for deliberate and willful facilitation of Respondent No.1 & concealment of documents of M/s Zeta Pharmaceuticals, Lahore and thus criminally aiding the offences committed by Mr. Asim Rauf in return of illegal promotions obtained in his tenure; and any other order/direction may also please be passed which this Honorable Court may deem fit and appropriate in the circumstances.
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