Law: University of Punjab Act, 1973

Section: 25,26

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(vi)

(a) University of the Punjab Act (IX of 1973)--- ----Ss. 25 & 26---Vice-Chancellor and Syndicate---Powers---Vice-Chancellor of the University, under S. 25 of University of the Punjab Act, 1973, is Chairman of the Syndicate beside other members---Syndicate, under S. 26 of University of the Punjab Act, 1973, is Chief Executive body of the University and can take effective measures to raise standard of teaching, research and publications and other academic pursuits---Syndicate can exercise general supervision over the affairs and managements of property of the University---Provision of S. 26(2) of University of the Punjab Act, 1973, authorizes the Syndicate to appoint University teachers and other officers on recommendations of Selection Board for teaching and other posts in initial pay of Rs.450 per mensem or above---Syndicate can delegate any of its powers under S. 26(2)(cc) of University of the Punjab Act, 1973, to an Authority or a Committee or sub-committee. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)--- Misuse of authority--- Illegal appointments---Scope---Appointments without following procedure i.e. advertisements is not enough to probe allegations of misuse of authority---Such appointments may be a procedural irregularity, when not accompanied by mens rea---Procedural irregularity without mens rea does not prima facie constitute an offence. The State v. Anwar Saif Ullah Khan PLD 2016 SC 276 distinguished. Mirza Luqman Masud and others v. Chairman NAB and others 2017 CMR 838 and Mansur-ul-Haque v. Government of Pakistan PLD 2008 SC 166 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi) & (b)---Criminal Procedure Code (V of 1898), S.497(2)---University of the Punjab Act (IX of 1973), Ss. 25 & 26---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Illegal appointments--- Mens rea, absence of---Effect---Case of further inquiry---Petitioners were Vice-Chancellor and other senior officials of the University of the Punjab, who were arrested for appointments made on contract basis during their tenure---Authorities alleged that petitioners misused their authority as…

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