Case Details

Citation(s)
2023 SLG 2013 2023 866 2023 SLD 2013
Peshawar High Court
Writ Petition No.2838-P of 2021 with IR, decided on 10th November, 2022.Date of hearing: 20th October, 2022.
Before Qaiser Rashid Khan, CJ and Ijaz Anwar, J
Amjad Ali for Petitioner. Bahlol Khattak and Saadullah Khan Marwat for
Respondents.

IRFAN ULLAH

VERSUS

FEDERATION OF PAKISTAN through Secretary, Higher Education, Islamabad and others

Law: National University of Computer and Emerging Sciences Ordinance, 2000

Section: 13,14,15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Educational institution---Termination from service---Mis-conduct---Failure to conduct regular inquiry---Effect---Petitioner assailed his removal order---Validity---Petitioner was initially appointed as Manager (Admin Finance) and was duly confirmed after satisfactorily completing his probation period---Order terminating the services of the petitioner under the subject service no more required was though argued to be in terms of the initial appointment letter, according to which, in case of confirmation of his service, his services were liable to be terminated on one month notice or payment of one month salary in lieu thereof, however, in the instance matter, the reason given as unsatisfactory performance after his confirmation became redundant, as the very termination order carried a stigma in the shape of unsatisfactory performance which ultimately would be a hurdle for the petitioner while applying to other departments in future---Allegations against the petitioner pertained to bypassing a channel in the matter of correspondence and nowhere, it was alleged that the interest of the University, at any stage, had been compromised---Even otherwise, when there were allegations of any kind against the petitioner, the University was required to have allowed him proper opportunity to defend himself---Termination order was set aside and the petitioner was reinstated in service---Constitutional petition was allowed. The Secretary, Government of the Punjab, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552 rel. (b) National University of Computer and Emerging Sciences Ordinance (XXIII of 2000)--- ----Ss. 13, 14 15---HR Manual of the National University of Computer and Emerging Sciences---Statutory status---Scope---Powers and functions of the Board of Trustees, as provided by S. 13 of the National University of Computer and Engineering Science Ordinance, 2000, include the ability to approve the draft statutes proposed by the Board of Governors---Section 14 provides for the constitution of the Board of Governors, who have general supervision and control over the Universitys administrative, academic, and financial affairs and the…
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