Law: Constitution of Pakistan, 1962

Section: 98(2)

Law: General Clauses Act (X of 1897)

Section: 39

Law: Dacca University Ordinance (XXIII of 1961)

Section: 4,8,11,42,44

  (On appeal from the Judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July 1964, in Writ Petition No. 224 of 1964).   Constitution of Pakistan (1962), Art. 98(2)-University of Dacca-"Person performing functions in connection with affairs of Province" within meaning of Art. 98 (2)-General Clauses Act (X of 1897), S. 39-"Person" - Dacca University Ordinance (XXIII of 1961), Ss. 4, 8, 11, 42 & 44.   Constitution of Pakistan (1962), Art. 98-Natural justice Expulsion of student, by University Authorities, for alleged indiscipline, misconduct, and rowdyism-Right of student to be heard before being pronounced guilty-Maxim: audi alteram partem Internal discipline of educational institutions-Principles of natural justice applicable in cases of ex post facto investigation-Duty to observe such principles implied in absence of positive words to that effect in statute or legal document-Requirement of natural justice must depend on circumstances of each case-Court's discretion in issuing orders or directions under Art. 98.   Held, that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting "the person or property or other right of the parties concerned". This rule applies even though there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for, in such cases this requirement is to be implied into it as the minimum requirement of fairness.   Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45; Faridsons Limited v. Government of Pakistan P L D 1961 S C 537 and Abdur Rahman v. Collector and Deputy Commissioner, Bahawalnagar and others P L D 1964 S C 461 ref.   Wherever any person or body of persons is empowered to take decisions after ex post facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the enactment giving such power excluding the applica…