| Citation(s) |
|---|
| 2018 SLG 1590 2018 SLD 1590 2018 PLC 542 |
Sindh High Court
C.P. No. D-1547 of 2016, decided on 18-10-2017. Dates of hearing: 07 & 20-09-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
M.R. Sethi for Petitioner. Moin Azhar Siddiqui and Ali Ahmed Turabi for
Respondents Nos.1 and 2.
C.P. No. D-1547 of 2016, decided on 18-10-2017. Dates of hearing: 07 & 20-09-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
M.R. Sethi for Petitioner. Moin Azhar Siddiqui and Ali Ahmed Turabi for
Respondents Nos.1 and 2.
AMIR JAMIL
VS
UNIVERSITY OF KARACHI THROUGH REGISTRAR AND 2 OTHERS
Law:
Section:
(a) Civil service--- ----Contract appointment---Allegation of submitting forged degree for appointment---Termination of service---Scope---Master and servant, princples of---Applicability---Petitioner-employee was terminated from service on the ground that he had submitted forged degree to get his appointment---Contention of petitioner was that he was not afforded an opportunity of hearing on the issue involved in the matter---Validity---Employer, University had no statutory rules---If employee had gained appointment through fraudulent and dishonest means, same would amount to misconduct---Allegations against the petitioner were enquired by the University through Inquiry Officer who recommended that the service of employee be terminated---Petitioner was appointed on contract basis for a period of six months and his service was not regularized by the University---Such appointment would be terminated on the expiry of contract period or any extended period on the choice of employer or appointing authority---Case of employee was governed by the principle of Master and Servant---Petitioner did not have any vested right to seek reinstatement in service in circumstances---Contract employee could not claim vested right even for regularization of service---Opportunity of show-cause could be afforded to the employee of University who was holding permanent post---Petitioner being not permanent employee his service could be terminated on 14 days' notice or pay in lieu thereof---Petitioner had failed to establish that he had any fundamental/vested right to remain on the temporary/contractual post---Constitutional petition was not maintainable in circumstances. (b) Constitution of Pakistan--- ---Art. 199---Constitutonal petition---Civil service---Employer department having non-statutory rules---Constitutional petition was not maintainable. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed question of facts could not be adjudicated upon in constitutional jurisdiction of High Court. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- Through the instant Petition, the Petitioner has prayed for the following relief(s).…
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