Law: East Pakistan Agricultural University (Efficiency andDiscipline) Statutes

Section: 3(e),5(1)(a),5(1)(b),5(l)(c)

Law: Constitution of Pakistan, 1962

Section: 177(I)(b),177(2)(b)

(NOTE:Wrongly 2 citations added in PLD. Both are mentioned.) East Pakistan Agricultural University (Efficiency andDiscipline) Statutes, statutes 3 (e), 5 (1) (a), 5 (1) (b), 5(l) (c) and proviso-Proviso in statute 5 (1) applicable only to clause (c) thereof and governs neither clause (a) nor clause (b)-Statute 5 (1) (b) makes it obligatory upon authority to inform delinquent of action proposed to be taken and give him opportunity to show cause Employee removed from service under statute 3(e) read with statute 5 without any order having been made under statute 5 (1) (b)-Order of removal, held, not only in contravention of mandatory provision of statute 5 (b) but opposed to provisions of Art. 177 (1) (b) of Constitution of Pakistan (1962) as well as principle of natural justice-Maxim : audi alteram partem (no one should be condemned unheard)-Constitution of Pakistan (1962), Art. 177(1) (b).   Constitution of Pakistan (1962), Arts. 177(I) (b) & 177 (2) (b)-.Show-cause notice-Nothing on record to show that authority ever considered opportunity of showing cause to be not practicable or that it was prejudicial to security of Pakistan-- Withholding of show-cause notice not justified.   Constitution of Pakistan (1962), Art. 98-Other efficacious remedy open-Remedy open by way of petition or memorial to same officer passing impugned order-Such remedy not equally adequate and effective remedy as one available under Art. 98.   Date of hearing : 26th May 1965.   JUDGMENT   SALAHUDDIN AHMED, J.-In this Rule Nisi the petitioner has challenged an order dated the 28th of September 1964, issued under the signature of respondent No. 2 removing the petitioner from service.   The petitioner was appointed a Lecturer in the Department of Microbiology and Hygiene in the East Pakistan Agricultural University (respondent No. 1) by certain resolutions of the Syndicate dated the 21st of December 1963. The petitioner has stated that he discharged his duties to the satisfaction of the University authorities. On the 29th of September 1964, however, the petitioner to his utter surprise received the impugned order removing him from service, purported to have…