| Case ID |
2fea43a0-6a5e-4189-b1d3-b4a1b48440fc |
| Body |
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| Case Number |
W.P. No. 6901 of 2010 |
| Decision Date |
Oct 02, 2015 |
| Hearing Date |
Oct 02, 2015 |
| Decision |
The Lahore High Court dismissed the petition filed by the petitioner challenging the orders of the Vice Chancellor regarding the termination of his services as a Senior Medical Officer on grounds of unsatisfactory performance. The court held that the rules governing the terms of service were non-statutory, making the petition not maintainable. It was ruled that the Vice Chancellor acted within his authority under the University of Punjab Act, 1973, and that the petitioner was provided with adequate alternate remedies, including the right to appeal. The court emphasized that the petitioner’s termination was justified as he was warned about his performance and no show-cause notice was required for a probationary employee. The decision reinforced that the authority to appoint also entails the authority to terminate, particularly in cases of probationers. |
| Summary |
This case revolves around a constitutional petition filed against the University of Punjab regarding the termination of a Senior Medical Officer due to unsatisfactory performance. The Lahore High Court analyzed the jurisdiction under Article 199 of the Constitution of Pakistan and emphasized the importance of understanding the nature of statutory versus non-statutory rules in employment matters. The court ruled that since the governing rules were non-statutory, the petition could not be maintained. The judgment clarified that a Vice Chancellor holds the authority to terminate a probationary employee without a show-cause notice, especially when prior warnings regarding performance have been issued. This case highlights the balance between administrative authority and employee rights within the framework of university regulations, making it crucial for employees to understand their legal standing and available remedies in employment disputes. It serves as a significant reference for similar future cases involving university employees and their rights under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
UNIVERSITY OF PUNJAB
|
| Judges |
SHUJAAT ALI KHAN,
DR. MASOOD UR RAUF
|
| Lawyers |
Ch. Abdul Sattar,
Malik Muhammad Awais Khalid
|
| Petitioners |
|
| Respondents |
UNIVERSITY OF PUNJAB, ETC.
|
| Citations |
2016 SLD 2032,
2016 PLJ 233
|
| Other Citations |
PLD 1984 Supreme Court 194,
2000 PLC (CS) 385,
PLD 1993 Lahore 141,
ICA No. 1061 of 2013,
Writ Petition No. 26696 of 2014
|
| Laws Involved |
Constitution of Pakistan, 1973,
University of Punjab Act, 1973
|
| Sections |
199,
15(3)
|