Dr. Nasir Mahmood Cheema VS PARC

Form No: HCID/C-121.

JUDGEMENT SHEET

JUDICIAL DEPARTMENT

W.P. No. 858 of 2019

Dr. Nasir Mahmood Cheema Vs Pakistan Agricultural Research Council, etc

PETITIONER BY: M/s Muhammad Umair Baloch & Miza Waqas Qayyum, Advocates.

Respondents BY: Mr. Ali Nalaz Kharal, Advocate.

DATE OF HEARING: 02-04-20L9.

ATHAR MINALLAH, Cl.- The petitioner through the instant petition is seeking implementation of order passed by the Federal Minister, Ministry of National Food Security & Research while

acting as an aPPellate AuthoritY.

2.The facts, in brief, are that the petitioner was appointed against the post of Scientific officer BPS-17 on 12-04-1993. His last

promotion was against the post of Principal scientific officer in BPS-19.

tn 2Ot7 an inquiry was conducted, which led to initiating disciplinary proceedings against the petitioner. The disciplinary proceedings culminated in imposition of major penalty i.e. compulsory retirement from seruice vide order, dated O4'07-20L7. It is the case of the

petitioner that he preferred depaftmental appeal before the President of the Board of Governors. The President of the Board of Governors is

the Minister Incharge of the concerned Ministry. The Minister for National Food Security & Research, constituted a fact finding

Committee and after considering its report, accepted the appeal filed

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to by the petitioner. The acceptance of the appeal was communicated the petitioner vide letter, dated 05-01-2018. The Federal Minister issued several directions to the respondents to implement the earlier order, whereby appeal of the petitioner was allowed. The said directions were communicated to the respondents as well aS the petitioner vide letters, dated 31.05.2018 and L2-07-20t8 respectively.

3.The learned counsel for the petitioner has been heard at passed by length. He has argued that refusal to implement the order the appellate authority is malaflde and without lawful authority and jurisdiction. The Minister in his capacity as the President of Pakistan Agricultural Research Council (hereinafter referred to as the "CouncilJ was competent to decide the appeal and, therefore, there is no reason for refusing to reinstate the petitioner'

4.The learned counsel for the respondent council on the other hand has argued that the Federal Minister was not competent to decide the appeal; the terms and conditions of seruice of the employees of the Council are not governed under statutory Rules/Regulations; it has been decided to place the matter before the

Board of Governors for decision.

5 The learned counsels have been heard and record perused with their able assistance.

6.The petitioner was working as an officer in BPS-19. The designated Authority vide notiflcation, dated 02-02'20L2 was the

Chairman of the Council. The President of the Council i'e' the Federal

was, Minister of the concerned Ministry being the next higher 9f,oriw The therefore, vested with jurisdiction to entertain and OecideTtPpeal' before the appeal of the petitioner was, therefore, competent

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President of the Council in the light of the provisions of the Civil servants (Appeal) Rules, t977, which have been adopted by the Council. There is, therefore, no force in the argument raised by the learned counsel for the respondent Council that the President was not empowered to decide the appeal. Nonetheless, the grievance of the petitioner peftains to his terms and conditions of seruice. The learned the counsel for the respondent council has rightly placed reliance on judgments rendered by the august supreme cout wherein it has been expliciuy held that the status of service regulations governing the terms and conditions of seruice of employees of the council are non statutory. In this regard reference may be made to order, dated 11.09.2018, passed in C.P.No.2825 of 20L7, titled "Rashid Mehmood vs. Federation of Pakistan through Secretary Ministry of National Food Security & Research, Islamabad & others", order, dated 2l-LL-20t2, passed in C.P.N0.958 of 20L2, titled "Taj Mehmood Shaheen and judgment, another vs. Pakistan Agricultural Research Council", and dated 16.03.2010, in C.P.Nos.584 of 2008, titled 'Riaz Ahmad vs' Pakistan Agricultural Researcir Council, Islamabad and others"'

7.In the light of the aforementioned judgments rendered by the august supreme coutt, the relationship of the petitioner with that

of the Council is in the nature of 'master and Seruant" The instant for petition is, therefore, not competent. However, the learned counsel to the respondent Council has stated that the Chairman has decided place the matter relating to the petitiod/before the Board of Governors'

The council has been established under section 3 0f the Pakistan

(hereinafter referred to Agricultural Research council ordinance, 1981

as the ,,ordinance of 79871. Section 6 ibid describes the composition of the council, which, inter alia, includes the President'

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The overall control, dircction and superintendence of the affairs of the Council vests in the Board of Governors. The Board of Governors is,

therefore, an appropriate forum to decide the question regarding implementation of the order passed by the appellate Authority.

B. The instant petition is, therefore, disposed in the Iight of the above obseruations.

CHIEF IUSTICE

Asif Mughal*

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