Law: University of Punjab Act, 1973

Section: 15(3),43

Law: Constitution of Pakistan, 1962

Section: 177

Law: Punjab University Employees (Efficiency and Discipline) Statutes, 1975

Section: 12,15,17,43

Law: Constitution of Pakistan, 1973

Section: 199

(a) University of the Punjab Act (IX of 1973)--- ----Ss. 15(3) & 43---Punjab University Employees (Efficiency and Discipline) Statutes, 1975, Paras. 12, 15 & 17---University employee---Probationer---Unsatisfactory performance---Termination of service---Non-statutory service rules---Show cause notice, issuance of---Regular inquiry---Efficacious remedy---Petitioner-employee was appointed as Senior Medical Officer (Dental) in BS-18 in the University but during probation his service was dispensed with due to unsatisfactory performance---Contention of petitioner-employee was that Syndicate being the competent authority, no adverse order could be passed without its recommendation---Validity---Where nature of the rules governing terms and conditions of service of an employee were non-statutory, constitutional petition against order of Authority was barred---Rules/regulations governing terms and conditions of service of the employee of University were non-statutory---Action taken by the authority could not be considered as arbitrary, capricious or fanciful for exercise of constitutional jurisdiction in the present case---Authority which had power to appoint anybody enjoyed the power to proceed against an appointee under the relevant provisions of law---When services of probationer were terminated on the basis of poor performance then he was not entitled for any show cause notice---No show cause notice was required to be issued prior to proceedings against the petitioner-employee---Employee would acquire certain rights only after successful completion of probation period---Not only remedy of appeal or review but that of revision had also been catered for an aggrieved employee of the University---When remedy of appeal, review or revision had been provided then no one could be allowed to by-pass the same simply for the reason that same was not efficacious---Constitutional petition being not maintainable was dismissed in circumstances. Anwar Hussain v. Agricultural Development Bank of Pakistan and others PLD 1984 SC 194; Dr. Ghulam Mustafa Chaudhary v. Dr. Muhammad Ashiq Khan Durrani, Vice Chancellor, B.Z University Multan and 2 others 2000 PLC (C.S.) 385; Islamia…

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