Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Disciplinary proceedings against employee of educational institution--Concept of "reasonable opportunity"--Leave to appeal granted to examine question of general public importance whether some principles, as laid down by Supreme Court vis-a-vis students can be extended also to case of employees of educational forums. --[Educational institutions]. Muhammad Saddiq Javid Chaudhry v. Government of West Pakistan P L D 1974 S C 393 and Ahmad & others v. Vice-Chancellor, University of Engineering & Technology & another P L D 1981 S C 464 ref.: Ch. Muhammd Farooq, Senior Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner. A.K. Dogar, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent. Date of hearing: 28th January, 1984, ORDER NASIM HASAN SHAH, J.-- A complaint was lodged against the respondent who was working as a Senior Clerk under the Board of Intermediate & Secondary Education, Sargodha and was still to complete his probation, that he had received a sum of Rs. 450 as illegal gratifica­tion to help one Sarfraz secure a high division in the Board examination, although he was failing in all the subjects. A preliminary inquiry was held into this allegation during the course of which the respondent also appeared, wherein the above charge was found to be established. A show-cause notice was, therefore, issued to the respondent, who, in his reply, denied the allegation and also asked for an opportunity to produce evidence and controvert that allegations levelled against him. However, after receipt of his reply, no further proceedings were taken and the services of the respondent were terminated. This order was challenged by him by a civil suit, which was dismissed. The appeal against the said judgment also failed, but, on revision, a learned Single Judge of the High Court held that even the services of a probationer is terminated on the ground of misconduct, the same will amount to removal or dismissal and a reasonable opportunity must be afforded to him to show-cause against such severance from service. In this connection, reliance was placed on…

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