| Case ID |
26807a0a-18fd-43e5-a4bb-d57066dd8fd3 |
| Body |
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| Case Number |
Writ Petition No. 6901 of 2010 |
| Decision Date |
Oct 02, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Dr. MasoodurRauf against the University of Punjab. The court ruled that the termination of the petitioner's services was in accordance with the non-statutory service rules applicable to university employees. The petitioner, who was on probation as a Senior Medical Officer (Dental), had his services terminated due to unsatisfactory performance. The court held that since the rules governing the terms of employment were non-statutory, the petition was not maintainable under Article 199 of the Constitution. The court clarified that no show cause notice was required prior to the termination of a probationer under such circumstances. The decision emphasized the authority of the Vice Chancellor in employment matters and the existence of alternative remedies for the petitioner, which he failed to pursue. |
| Summary |
The case involves Dr. MasoodurRauf's petition against the University of Punjab regarding his termination as a Senior Medical Officer (Dental). The Lahore High Court, presided over by Justice Shujaat Ali Khan, ruled that the termination was lawful due to the petitioner's unsatisfactory performance during his probation period. The court highlighted that the service rules applicable to university employees were non-statutory, thus limiting the maintainability of the constitutional petition. It emphasized the absence of a requirement for a show cause notice for probationary employees whose performance was deemed inadequate. The ruling underscored the need for employees to follow the proper channels for grievances, including available appeals. The decision serves as a significant reference for cases involving employment rights within educational institutions and the authority of administrative bodies in personnel matters. |
| Court |
Lahore High Court
|
| Entities Involved |
University of the Punjab
|
| Judges |
Shujaat Ali Khan
|
| Lawyers |
Ch. Abdul Sattar,
Malik Muhammad Awais Khalid
|
| Petitioners |
Dr. MasoodurRauf
|
| Respondents |
University of the Punjab through Vice Chancellor
|
| Citations |
2017 SLD 796,
2017 PLC 250
|
| Other Citations |
Anwar Hussain v. Agricultural Development Bank of Pakistan and others PLD 1984 SC 194,
Dr. Ghulam Mustafa Chaudhary v. Dr. Muhammad Ashiq Khan Durrani, Vice Chancellor, B.Z University Multan and 2 others 2000 PLC (C.S.) 385,
Islamia University, Bahawalpur through Vice Chancellor v. Dr. Muhammad Khan Malik PLD 1993 Lah. 141,
Pakistan Defence Officers Housing Authority and others v. Col. Syed Jawaid Ahmad 2013 SCMR 1707,
Masood Ahmed Bhatti and others v. Federation of Pakistan through Secretary M/O Information Technology and Telecommunication and others 2012 SCMR 152,
Riaz Hanif Rahi v. Saeed uz Zaman Siddiqui and 4 others 2011 SCMR 948,
Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484,
Ijaz Hussain Suleri v. The Registrar and another 1999 SCMR 2381,
University of the Punjab Lahore and 2 others v. Ch. Sardar Ali 1992 SCMR 1093,
Muhammad Siddique Javaid Chaudhary v. Government of West Pakistan 1974 PLC 243,
Engineer Majeed Ahmed Memon v. Liaqat University of Medical and Health Sciences Jamshoro through Principal Executive and 3 others 2010 PLC (C.S.) 856,
Muhammad Iqbal Khan Niazi v. Lahore High Court, Lahore through Registrar 2003 PLC (C.S.) 285,
Miss Saima Gardezi v. President, First Women Bank Ltd and 2 others 2007 PLC (C.S.) 1033,
Ch. Muhammad Hussain Naqshbandi v. Government of the Punjab and others 2004 SCMR 44,
Rehan Saeed Khan and others v. Federation of Pakistan and others 2001 PLC (C.S.) 1275,
Ch. Muhammad Hussain Naqshbandi v. Government of the Punjab and others 2003 PLC (C.S.) 1421,
Mrs. Abida Perveen Channar v. High Court of Sindh 2011 PLC (C.S.) 836
|
| Laws Involved |
University of Punjab Act, 1973,
Constitution of Pakistan, 1962,
Punjab University Employees (Efficiency and Discipline) Statutes, 1975,
Constitution of Pakistan, 1973
|
| Sections |
15(3),
43,
177,
12,
15,
17,
43,
199
|