Law:

Section:

(a) University of Peshawar Employees. (Efficiency and Discipline) Statutes, 1977-------Statutes 6, 15, 16, 17, 18 & 19---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Compulsory retirement---Inquiry proceedings---Penalty of compulsory retirement was imposed upon the petitioner after charge-sheeting him and holding inquiry against him on certain allegations mainly on the ground that he being teacher had published an article in Press about school affairs---Office order whereby penalty of compulsory retirement was imposed upon the petitioner, was outcome of finding of unauthorisedly constituted Enquiry Committee which was not competent to do so---Authorities had taken adverse action against the petitioner besides incompetency of Enquiry Committee and its findings were based on unfounded allegations and charges and there could be no infrastructure on such a shaking foundation---Petitioner was victimized on allegation that he remained vocal about affairs of school concerned and its management and that he approached the Press in order to malign the image and reputation of the institution---Nothing was in evidence to substantiate charges against the petitioner---No legal evidence of publication of alleged article/newsâ-ž by petitioner was forthcoming---No action could be initiated against employee of University on basis of Press reports as Press reports without formal proof were not, admissible in evidence and no reliance could be placed on the same as Press reports were treated as hearsay evidence without formal proof---University employees against whom allegations were alleged, were entitled to controvert the truth of news item by filing are affidavit when called upon to explain---Petition was lingering on since 1977 without any substantial progress and petitioner was made to suffer without any fault on his part which delay spoke of mala fides and inimical attitude towards petitioner---Such conduct/proceedings thus could not be approved by law and rules on the subject---Petitioner had not been fully associated with enquiry proceeding, which even was held by Enquiry Committee , which, had no jurisdiction to hold the same---Petitioner was…

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