Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C. S.) 25

[Supreme Court of Pakistan]

Present: Rana Bhagwandas and Syed Deedar Hussain Shah, JJ

MEHRAN UNIVERSITY OF ENGINEERING AND TECHNOLOGY JAMSHORO through Vice-Chancellor and another

Versus

Dr. MUHAMMAD MOAZAM BALOCH and another

C.P.L.A. No.499-K of 2003, decided on 4th May, 2004.

(On appeal from judgment of Sindh Service Tribunal at Karachi dated 22-5-2003 passed in Appeal No. 137 of 1999).

Civil service-

----Dismissal from service on the ground of continuous absence from duty by employee---Employee, who was Assistant Professor in the University, after seeking leave for higher education abroad, returned back and for personal reasons was unable to continue his duties, therefor, he submitted his resignation for acceptance by the University---University, instead of accepting or rejecting the resignation, proceeded to issue show-cause notice to the employee for his long absence and passed an order of dismissal from service---Dismissal order, though reflected. in the pleadings, but had not been placed on record---Employee submitted departmental appeal terming same as review petition against dismissal order, which was rejected by the University on the sole ground that the same was not maintainable and employee should have preferred an appeal to the Chancellor of the University---Validity---Held, it was incumbent on the Vice-Chancellor of the University to treat petition of the employee as departmental appeal and to forward the same to the Chancellor rather than to place it before the Syndicate or to sit in judgment over his own action by chairing the meeting of the Syndicate---University was rightly directed by the Service Tribunal to forward the said petition 6f the employee to the Chancellor/Governor within a fortnight for passing appropriate order on the same---Petition for leave to appeal to Supreme Court was dismissed---Constitution of Pakistan (1973), Art.212(3).

Abdul Rahim Kazi, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioners.

Nemo for Respondents.

Date of hearing: 4th May, 2004.

JUDGMENT

RANA BHAGWANDAS, J.-----Petitioner-University seeks leave to appeal against the judgment of the Sindh Service Tribunal (hereinafter referred as the Tribunal) disposing of respondent No.1's appeal against his dismissal from service on the ground of his continuous absence from duty.

2. Respondent was employed as Assistant Professor in the petitioner-University. After seeking higher education abroad, respondent returned back and for personal reasons was unable to continue his duties, therefore, he submitted his resignation for acceptance by the petitioner-University. University authorities, however, instead of accepting or rejecting the same, proceeded to issue show-cause notice to the respondent for his long absence and passed an order of dismissal from service. Copy of the dismissal order, though reflected in the pleadings, has not been placed on record. Respondent submitted departmental appeal terming it as review petition against dismissal order, which was rejected by the University authorities on the sole ground that the same was not maintainable and the respondent should have preferred an appeal to the Chancellor of the University.

3. Learned Tribunal, after scrutiny of the material on record, was of the opinion that if the review petition filed by the respondent was not maintainable before the University authorities, only appropriate course left open to them was to forward the same to the Chancellor of the University for necessary orders. After discussing stance of the respondent at length, the Tribunal has directed the University authorities to forward the said petition of the respondent to the Chancellor/Governor Sindh within a fortnight for passing appropriate order. It is as against this order that the petitioners feel aggrieved and seek leave to appeal.

4. Mr. Abdul Rahim Kazi, learned Advocate Supreme Court for the petitioners made two-fold submissions; firstly, that the review petition filed by the respondent and consequently service appeal before the Tribunal were barred by time. Furthermore, respondent's review petition itself was not competent before the Vice-Chancellor, which, however, was placed before the Syndicate but not accepted.

5. Adverting to the question of limitation, it may suffice to observe that in the impugned judgment the Tribunal has dealt with this question at length and for valid and elaborate reasons, found that it was a fit case for entertaining appeal because the respondent had been running from pillar to post for the redress of his grievance. In the opinion of the Tribunal, service appeal filed by him was well within time; thus, there was no occasion for condonation of delay. We do not find any fault with this conclusion of fact and the exercise of discretion on the part of the Tribunal, which does not suffer from any inherent defect, misconception of law or error of jurisdiction.

6. As to the second submission that the review petition was not competent, we endorse the view of the Tribunal that even if that be so, it was incumbent on the part of the Vice-Chancellor of the University to treat it as departmental appeal and to forward it to the Chancellor rather than to place it before the Syndicate or to sit in judgment over his own action by chairing the meeting of the Syndicate. Order passed by the Tribunal, on the face of the record, appears to be just, fair and equitable, which does not warrant any interference by this Court.

7. For the aforesaid facts and reasons, this petition is devoid of any merit and is hereby dismissed. Leave to appeal is declined.

M.B.A./M-310/S Petition dismissed.

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