07/03/2024
Citation Name : 2023 PLC(CS) 866 PESHAWAR-HIGH-COURT
Side Appellant : IRFAN ULLAH
Side Opponent : FEDERATION OF PAKISTAN through Secretary, Higher Education, Islamabad
Educational institution---Termination from service---Mis-conduct---Failure to conduct regular inquiry---Effect---Petitioner assailed his removal order---Validity---Petitioner was initially appointed as Manager (Admin & Finance) and was duly confirmed after satisfactorily completing his probation period---Order terminating the services of the petitioner under the subject "service no more required" was though argued to be in terms of the initial appointment letter, according to which, in case of confirmation of his service, his services were liable to be terminated on one month notice or payment of one month salary in lieu thereof, however, in the instance matter, the reason given as 'unsatisfactory performance' after his confirmation became redundant, as the very termination order carried a stigma in the shape of "unsatisfactory performance" which ultimately would be a hurdle for the petitioner while applying to other departments in future---Allegations against the petitioner pertained to bypassing a channel in the matter of correspondence and nowhere, it was alleged that the interest of the University, at any stage, had been compromised---Even otherwise, when there were allegations of any kind against the petitioner, the University was required to have allowed him proper opportunity to defend himself---Termination order was set aside and the petitioner was reinstated in service---Constitutional petition was allowed.