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Petitioner: THE UNIVERSITY OF THE PUNJAB VS Respondent: MUHAMMAD YOUSAF
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title: THE UNIVERSITY OF THE PUNJAB vs MUHAMMAD YOUSAF Case No.: Civil Petition No, 297 of 1988 Date of Judgment:1989-11-25 Reported As: 1990 SCMR 1012 Result: Leave granted
Judgment ORDER ' SAAD SAOOD JAN, J.--The respondent was serving as Stenographer in the Department of Urdu of the University Oriental College. On the allegations that he had misappropriated funds amounting to Rs, 81,346.60 and had misplaced the relevant record relating to the funds, disciplinary proceedings were taken against him. The authorised officer held an inquiry and exonerated him of the charges against him. He recommended to the competent authority to reinstate him. The competent authority declined to accept the finding of the authorised officer and issued him a show-cause notice why he should not be removed or dismissed from the University service.Instead of giving any reply he filed a writ petition in the High Court to challenge the legality of the show- cause notice. A learned single Judge accepted the petition and declared the notice to be without lawful authority and of no consequence. The University of the Punjab seeks leave to appeal from the order of the High Court. 2. After hearing learned counsel for the petitioner, we grant leave to appeal to consider the questions; (1) Whether it was open to the competent authority to disagree with the findings of the authorised officer? And (2) Whether it was open to the High Court to interfere in writ jurisdiction in the matter while only a show-cause notice had been issued to the respondent and no final order had yet been made? ' The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. The operation of the order of the High Court is stayed.