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Petitioner: SALAMAT MASIH VS Respondent: SYNDICATE, UNIVERSITY OF AGRICULTURE, FAISALABAD
1991 P L C (C
1991 P L C (C.S.) 489
[Lahore High Court]
Before Falak Sher, J
SALAMAT MASIH
Versus
THE SYNDICATE, UNIVERSITY OF AGRICULTURE, FAISALABAD and 2 others
Writ Petition No. 4379 of 1985, decided on 25th March, 1991.
Civil service---
----Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Employee of respondents, was subjected to disciplinary proceedings solely on charge of having been found asleep during duty hours, but was eventually removed from service by Authority for extraneous events enumerated in order of removal---Validity of---Factors culminating into removal of employee having not figured in charge-sheet, being extraneous thereto, same could not have been taken into account by Authority for awarding major penalty in question---Order of removal of employee, thus, suffered from a patently inherent incurable infirmity rendering the same to be a nullity in the eye of law---Order of Authority removing employee was set aside in circumstances.
Petitioner in person.
Muhammad Aslam Sandhu for Respondents.
Date of hearing: 25th March, 1991.
JUDGMENT
Petitioner a cattle attendant/chowkidar of the College of Veterinary Sciences, Lahore though was subjected to disciplinary proceedings solely on the charge of having been found asleep during duty hours, but was eventually removed from service by the Authority vide the impugned order dated 13-8-198 for extraneous historical events as well, viz., removal of an electric switch and mirror from the bathroom while he was on duty; absence from duty without information; having left duty station without leave/permission; failure to lock up the college main gate; removal of certain question papers from the Pathology section during his duty period etc. etc.; which factors admittedly did not figure in the charge-sheet, resultantly, obviously being extraneous considerations, could have not been taken into account by the Authority for awarding the punishment in question; in view whereof the impugned order suffers from a patently inherent incurable infirmity rendering it to be a nullity in the eye of law; consequently, allowing the petition, the order impugned is set aside with no orders as to costs, since the petitioner's counsel has failed to turn up.
A.A./S-907/L Petition accepted.