Law:

Section:

University of Engineering and Technology Lahore Act (V of 1974)-------Ss. 3(2), 10-A, 24, 29, 31 & 41---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Removal from service---Petitioner was appointed as Chairman of Computer Sciences and Information Technology Department in the University of Engineering and Technology for a period of 3 years to be reckoned w.e.f. 6-8-2001, but he was relieved from duty on 1-4-2004 about 4 months prior to due date and another professor was assigned to look after the duties of the Department of the petitioner---Petitioner had filed Constitutional petition against said order of his premature relieve from duty ---Validity--­Appointment order of petitioner had clearly shown that appointment of petitioner was statutory appointment with fixed term of tenure---Neither the Statute nor the appointment order had made mention of an eventuality or situation in which appointment of petitioner could be cancelled or the term of appointment could be reduced or curtailed--­General principle governing fixed term of statutory appointment were to be kept in view in circumstances---Probe was conducted qua certain allegations against petitioner by a term and when findings /recommendation of said team came before Vice-Chancellor of the University he ordered its placement before Syndicate---Matter came before Syndicate which in its meeting dropped proceedings relating to the probe against petitioner---After having dropped the proceedings against petitioner, no reason or justifiable ground was left for any adverse action ,41 against petitioner---Order relieving petitioner, in circumstances, smacked of colourable exercise of power unwarranted by facts and law---Order passed against petitioner being patently illegal, without lawful authority, was liable to be struck down and quashed--­High Court accepting Constitutional petition of petitioner, declared order relieving petitioner from post of Chairman, Computer Sciences and Information Technology Department as without lawful authority and of no legal effect. Ala-ud-Din Akhtar v Government of Punjab and another 1982 CLC 515; Khondkar Ali Afzal v Pakistan and another PLD 1959 (W.P.)…

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