| Citation(s) |
|---|
| 1996 SLG 798 1996 SLD 798 1996 PLC 1229 |
Supreme Court of Pakistan
Civil Appeal No. 960 of 1995, decision dated: 26-06-1996.(On, appeal against the order of the High Court of Sindh, Karachi dated 22-8-1994 passed in C.P. No. D-1641 of 1994).
SALEEM AKHTAR, ZIA MAHMOOD MIRZA AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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Civil Appeal No. 960 of 1995, decision dated: 26-06-1996.(On, appeal against the order of the High Court of Sindh, Karachi dated 22-8-1994 passed in C.P. No. D-1641 of 1994).
SALEEM AKHTAR, ZIA MAHMOOD MIRZA AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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[Supreme Court of Pakistan] Prof. Dr. M. MUNEER HASSAN
VS
THE CHANCELLOR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY/GOVERNOR OF SINDH, KARACHI and another Prof. Dr. M. MUNEER HASSAN vs THE CHANCELLOR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHN
Law:
Section:
(a) N.E.D. University of Engineering and Technology Act (III of 1977)-------S. 27---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider that in cases where employee holds office during the pleasure of employer, can his appointment be terminated without notice and without showing any reasonable cause. (b) Sindh Service Tribunals Act (XV of 1973)-- ----Ss. 3-E, 3-F & 26(1) [as added by Sindh Service Tribunals (Amendment) Act (XXXI of 1994)]---Constitution of Pakistan (1973), Art. 185---Officers of Corporation including University were deemed to be civil servants within meaning of S. 3-E, Sindh Service Tribunals Act, 1973---Termination of services of such officers which were subject-matter of appeal related to terms and conditions of service, therefore, their remedy was by an appeal before Service Tribunal which they had already filed---Appeal before Supreme Court stood abated and was dismissed---Employees' appeal before Service Tribunal was, however, to be decided in accordance with law. Mushir Ahmad Pesh Imam, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record (absent) for Appellant. Aziz A. Munshi, Advocate Supreme Court for respondent No. 1. Rehanul Hassan Farooqi, Advocate Supreme Court for Respondent No.2 Date of hearing: 26th June, 1996. JUDGMENT SALEEM AKHTAR, J.---The appellant with the leave of the Court has challenged the order of the learned Judges of the Division Bench whereby his Constitution petition filed against the order passed by respondent No. 1 removing him from the post of Vice-Chancellor was dismissed in limine. 2. By order dated 17-11-1991, respondent No. 1 appointed the appellant as Vice-Chancellor of N.E.D. University of Engineering and Technology for a term of 4 years as prescribed by section 27(1) of the N.E.D. University of Engineering and Technology Act, 1977 (hereinafter referred to as the Act). The order recited that the appellant has been appointed as Vice-Chancellor of the University with immediate effect for-a period of 4 years during the pleasure of the Chancellor on usual terms and conditions. By a subsequent Notification, dated 17-4-1994 before the expiry of period of 4…
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