Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(3), University of Peshawar Employees Efficiency and Discipline Statutes, 1977, Ss 5, 6 & 29--Leave to Appeal--Dismissal from service--Assailed--Competent authority to appoint inquiry officer--Show Cause Notice as well as order of removal from service issued by the Registrar against respondent--Respondent filed a civil suit which was dismissed but he was reinstated in his service with back benefits by First Appellate Court which order was confirmed by High Court--Leave to Appeal--Order of removal from service of respondent was rightly passed by Registrar with the approval of the competent authority after holding proper inquiry--Respondent did not avail proper remedy but agitated his grievance by filing a civil suit--Validity--Head of the Department being the authorised officer was competent to appoint Inquiry Officer and to issue show-cause notice and Vice Chancellor who was competent to pass order for his removal from service--Registrar of the University was not vested with such power as such being incompetent his entire actions were found without lawful authority--Held: Show-cause notice and order of removal from service issued by the Registrar were rightly set aside by both Appellate Court--Leave to appeal refused. [P. 629] B University of Peshawar Act, 1974 (N.W.F.P. Act No. II of 1974)-- ----Ss. 5, 6 & 27(1)(k)--University of Peshawar Employees Efficiency and Discipline Statutes, 1977, Ss. 5, 6 & 29--Constitutional of Pakistan, 1973, Art. 212(3)--Disciplinary action against employees, procedure--Authority competent to take disciplinary action--Statutes prescribes the grounds of penalty--Employees after completion of disciplinary action by competent authority--According to S. 29 of the Statutes Syndicate has been empowered to issue instructions for the maintenance of appropriate standards of efficiency, good conduct, discipline and integrity of the University employees--Disciplinary action an appendix has been attached at the foot of the Statues wherein National Pay Scale of the employee, authority competent to take disciplinary action and appellate authority have been defined--Petitioner being…

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