Law:

Section:

University of Peshawar Employees (Efficiency and Discipline) Statutes, 1977-------Statutes. 6(b)(i), 15, 16, 17, 18 & 19---Constitution of Pakistan (1973); Art. 199---Constitutional petition---Imposition of penalty of reduction in. pay scale and transfer---Penalty of reduction in pay scale and transfer was imposed upon petitioner who was serving as Senior Mistress in School, after issuing her show-cause notice and holding inquiry against her on allegation that she was author/co-author of a news item in press allegedly published in order to impair the image and reputation of institution concerned---Allegation was totally denied by the petitioner and absolutely nothing was on file to prove that petitioner had a hand in the affairs and that she was author/co-author of article/news in question-.--Authorities in the absence of such evidence, had no legal justification to proceed against petitioner and pass impugned order against her---No action could be initiated against an employee on the basis of press reports as press reports without formal proof were not admissible in evidence and no reliance could be placed on the same--­Petitioner had been made victim of excesses on account of the activities of her husband who being a Senior Teacher remained vocal ab6ut the affairs of school and its management and had expressed his concern about its affairs---That fact was sufficient to exhibit mala fides on part of Authorities---Enquiry against petitioner was lingering on since 1997 and it was delayed unnecessarily without any legal justification---Said inquiry had been conducted in utter disregard to mandatory provisions of University of Peshawar Employees (Efficiency and Discipline) Statutes, 1977---Order passed against petitioner whereby she was downgraded was declared without lawful authority and of no legal effect and same was struck down by High Court with an order of restoration of original seniority, position and pay scale of service with all back benefits. Muhammad Jamil Khan for Petitioner. Muhammad Aziz Akhtar Chughtai for Respondents. Date of hearing: 24th September, 2003. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Syeda Shaheen Bukhari petitioner, Senior Mistress…

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