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2009 SCMR 683

Engineer MAJEED AHMED MEMON vs LIAQUAT UNIVERSITY OF MEDICAL AND

Petitioner: Engineer MAJEED AHMED MEMON VS Respondent: LIAQUAT UNIVERSITY OF MEDICAL AND HEALTH SCIENCES, JAMSHORO and others

Court: Supreme Court of Pakistan Decision Date: 2009-02-17

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Sarmad Jalal Osmany, Sabihuddin Ahmed Title:Engineer MAJEED AHMED MEMON vs LIAQUAT UNIVERSITY OF MEDICAL AND

HEALTH SCIENCES, JAMSHORO and others Case No.: Civil Petition No,85-K of 2009 Date of Judgment:2009-02-17 Reported As: 2009 SCMR 683 Result: Leave granted Judgment ORDER ' SABIHUDDIN AHMED, J.---This Petition is directed against the order dated 13-11-2008 passed by Honourable High Court of Sindh in C.P.No,D-1202 of 2008. 2. The petitioner though working as a probationer in the respondents university was served with a show-cause notice containing allegations of misconduct under the Removal from Service (Special Powers) Ordinance, 2000. He submitted a reply to the notice but admittedly neither an inquiry was held nor was a personal hearing accorded to him. On 7-11-2007 an order terminating the petitioner's services on the basis of charges leveled was passed. 3. Mr. Ansari Abdul Lateef, learned counsel for the petitioner has contended that even while being a probationer since there were definite allegations of corruption or irregularity he could not be removed without a proper inquiry. Reliance is placed on the pronouncement of this Court in the case of Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan reported in PLD 1974 SC 393 which prima facie supports his point of view, Leave to appeal is, therefore, granted. Appeal may be ready within three weeks and be listed for hearing whenever a Bench of three Honorable Judges is available thereafter.

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