Law: Constitution of Pakistan, 1973

Section: 199

(a) Higher Education Commission Plagiarism Policy--- ----Cls. 8(e) & 9(c)---Allegation of plagiarism in publication of research papers---Inquiry and penalty---Procedural propriety, principle of---Scope---Under Cl.8(e) of the Higher Education Commission Plagiarism Policy ("Policy"), the Vice-Chancellor of the University was under obligation to provide opportunity to the author under investigation to justify original concepts and research work and a similar opportunity was also to be provided to the author whose paper was deemed to have been plagiarised and/or the complainant to justify the complaint---In the present case, no communication with the other author of the research paper had been annexed, and no opportunity of personal hearing had been provided to the author, who had published the paper, similar to the plagiarised paper of the petitioner, therefore, there had been a violation of Cl.8(e) of the Policy---Under Cl.9(c) of the Policy, the Plagiarism Standing Committee may solicit comments to the claim from the Editor in Chief (of a journal) or Program Chair (of conference proceedings) and referees of either or both papers---Such comments had not been solicited by the Plagiarism Standing Committee ("Committee") in the present case (although it was not obligatory to solicit the same)---Further at no stage during the proceedings of the Syndicate of the University the petitioner was informed about the cogent reasons for the notification imposing penalties on the petitioner---Syndicate had not passed a well-reasoned order after application of its mind thus has violated the principle of providing the petitioner with procedural propriety---Impugned notification imposing penalties on the petitioner was set aside in circumstances---Constitutional petition was allowed accordingly. (b) Higher Education Commission Plagiarism Policy --- ----Cl. 11 --- Allegation of plagiarism in publication of research papers---Penalty---'Ban on the reasercher of foreign travel relating to research for a period of one year'---Legality---Clause 11 of the Higher Education Commission Plagiarism outlined the penalties for plagiarism for teachers, researchers, staff and…

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