Case Details

Citation(s)
2017 SLG 958 2017 SLD 958 2017 PLJ 250
Lahore High Court
W.P. No. 34140 of 2015, decided on 2012.2016. Date of hearing: 20.12.2016.
JAWAD HASSAN, JUSTICE
Mrs. Rabbiya Bajwa, Advocate for Petitioner. Ch. Aamir Mahmood, Legal Advisor Univeristy of Punjab. Mr. Ashfaq Ahmad Kharal, Asstt.A.G. for
Respondents.

DR. KUMAIL ABBAS RIZVI

VS

UNIVERSITY OF PUNJAB, ETC. --RespondentS

Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 4, 10-A, 14 & 199--Constitutional petition--Lecturer at College--Ex-Pakistan study leave--Resignation was tendered--Instead of accepting resignation removed from service--Non-speaking order--Resignation of petitioner was tendered and university without any legal justification, declared him as absent from duty and terminated his lien from post of lecturer from that date--Petitioner was qualified person and from issuance of notification, his future has been stigmatized for no fault on his part--Termination letter was passed without giving detailed reasons for terminating services--Performance of petitioner is exceptionally good but then terminating him, lowers his dignity in public life--Principle is required to be extended further to cases where any violation of right to dignity is caused, because human dignity, honour and respect is more important than physical comforts and necessities--Act of university, not only stigmatized honour and prestige of petitioner, but has also defamed him in estimation of society which is contrary to law--Right to live is not confined to mere living but it means meaningful life, which can be enjoyed with dignity and without defamation--No attempt on part of any person individually, jointly or collectively to detract, defame or disgrace another person, thereby diminishing, decreasing and degrading dignity, respect, reputation and value of life should be allowed to go with impunity--It is a well settled law that no one should suffer on acts of departments--Once petitioner has tendered his resignation, university was bound to decide its application without delay and with reasons, within reasonable time--Alleged actions of university are blatant violation of Fundamental Rights as enshrined in Arts. 9 & 14 of Constitution, to enjoy inviolability of right to life and dignity of man--Dignity of man is not only provided by Constitution, but according to history and under Islam, great value has been attached to dignity of man--It is duty of Court, under Arts. 9 and 14 of Constitution to safeguard and preserve life and dignity of citizens and protect them from serious and hazardous risks so…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492