Mohammad Zaid VS Brig (R) Mohammad Zia Ul Hassan Sahi

Form No: HCJD/C-121

RDER

IN TH.E ISIAMABAD HIGH COURT. ISLAMABAD

JUDICIAL DEPARTMENT

Writ Petition No. 135 of 2018 Mohammad Zaid Vs Brig.(R) Mohammad Zta ul Hassan Sahi, Director Administration, NUML, Islamabad, etc.

S. No. of Date of Order with signature of ludge and that of orderl orderl pafties or counsel where necessary. proceedings proceedings

04-12-2019. Ch. Imtiaz Ahmed, Advocate for the petitioner. Mr. Nauman Munir Paracha, Advocate for the respondents.

Through this petition the petitioner has assailed notification, dated 30. 10.2017.

2.The petitioner was appointed as Driver vide letter, dated 07.07.20L0. Perusal of terms and conditions of his service shows that he was to remain on probation for a period of one year from the date of his appointment. The petitioner, therefore, had attained the status of a permanent employee.

3.It appears from the record that the impugned order, dated 30.t0.20t7, was passed without issuance of a show cause notice. Moreover, reasonable opportunity of hearing was also not afforded to the petitioner. Perusal of the written comments filed by the respondent University shows that no show cause notice was issued to the petitioner. The record also does not indicate

that the petitioner was associated in the inquiry purported to have been conducted against him. The respondent University has been established under the National University of Modern Languages Ordinance, 2000 (hereinafter referred to as the "Ordinance of 2OOO'). Section 27 thereof is reproduced as follows:

Opportunity to show causei- Except as otherwise provided, no officer, teacher or other employee of the University holding a permanent post shall be reduced in rank, or removed or compulsorily retired from service, unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken."

4.It is obvious from the above that the legislature has explicitly provided that no person can be proceeded against nor removed from service without issuance of a show cause notice and affording a reasonable opportunity of hearing. The learned counsel for the respondent University has stated that terms and conditions of an employee of the University are not covered under statutory regulations. The august Supreme Court in the case titted "Muhammad Rafi and another vs.

Federation of Pakistan and others" [2016 SCMR 21461 has unambiguously held that regardless of regulations being non

statutory, a constitutional petition under Afticle 199 of the Constitution of the Islamic Republic of Pakistan, L973 would be maintainable if there is violation of a law.

This Court is satisfied that there is a clear violation of section 27 of the Ordinance of

5.For the above reasons, this petition is allowed and the impugned order, dated 30.LO.20L7, is hereby set aside. The petitioner would be entitled to all back benefits. Moreover, in case the respondent University intends to proceed against the petitioner then it would be at liberty to do so after issuance of a proper show cause notice and giving reasonable opportunity of hearing as has been explicitly provided under section 27 of the Ordinance of 2000.

CHIEF JUSTICE

Saeed.

Uploaded By: Engr. Umer Rasheed Dar