CLC 1981

1981 PLP 712 (CLC)

DR. ISLAM MEHMOOD‑Petitioner Versus REGISTRAR UNIVERSITY OF PESHAWAR

Jurisdiction / Court
Peshawar
Decided Date
Writ Petition No. 90 of 1977, decided on 20th November, 1978.
Honorable Judges
Abdul Hakeem Khan, C. J. and Usman Ali Shah, J
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 712 (CLC)
Forum / Court Peshawar
Bench Members Abdul Hakeem Khan, C. J. and Usman Ali Shah, J
Parties DR. ISLAM MEHMOOD‑Petitioner Versus REGISTRAR UNIVERSITY OF PESHAWAR
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 712 (CLC)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 712 (CLC)?

The case was heard and decided by the Peshawar bench comprising: Abdul Hakeem Khan, C. J. and Usman Ali Shah, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 712 (CLC) (DR. ISLAM MEHMOOD‑Petitioner Versus REGISTRAR UNIVERSITY OF PESHAWAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • M. Zahoorul Haq for Petitioner.
  • M. Mahfuz Khan for Respondents Nos. 1 and 3:
  • Qazi Muhammad Jamil for Respondent No. 2.

Headnotes / Summary

(a) University of Peshawar Act (II of 1974)‑ ‑‑ S. 38‑Impugned order reversing seniority of petitioner passed without giving him show‑cause opportunity‑Reversion in seniority having tantamounted to reduction in rank impugned order, held, could not be passed without show‑cause notice. Tufail Muhammad and others v. Muhammad Zia Ullah Khan and another PLD 1965SC269ref. (b) University of Peshawar Act (If of 1974)‑ ‑‑ S. 22(2)(r)‑Appointment of University Teachers‑Power of appoint ment ‑ Lies only with Syndicate and Selection Board merely a recommendatory body. Nawab Syed Raunaq Ali etc. v. Chief Settlement Commissioner and others P L D 19.73 S C 236 rel. (c) University of Peshawar Act (II of 1974)‑ ‑‑ S. 22(2)(r) read with S. 38‑Appointment of petitioner as Associate Professor made against permanent post ‑ Syndicate through a subsequent order appointing him against temporary post and on subsequent date reversing his seniority‑Petitioner otherwise a senior man‑Reasons which prevailed with Syndicate in passing impugned order flimsy‑‑Order, held, without lawful authority and first order of appointment against permanent post remained intact. The Chief Settlement Commissioner v. Raja Muhammad Fazil Khan and others P L D 1975 S C 331 ref.

Judgment & Decree

Tufail Muhammad and others v. Muhammad Zia Ullah Khan and another PLD 1965SC269ref. (b) University of Peshawar Act (If of 1974)‑ ‑‑ S. 22(2)(r)‑Appointment of University Teachers‑Power of appoint ment ‑ Lies only with Syndicate and Selection Board merely a recommendatory body. Nawab Syed Raunaq Ali etc. v. Chief Settlement Commissioner and others P L D 19.73 S C 236 rel. (c) University of Peshawar Act (II of 1974)‑ ‑‑ S. 22(2)(r) read with S. 38‑Appointment of petitioner as Associate Professor made against permanent post ‑ Syndicate through a subsequent order appointing him against temporary post and on subsequent date reversing his seniority‑Petitioner otherwise a senior man‑Reasons which prevailed with Syndicate in passing impugned order flimsy‑‑Order, held, without lawful authority and first order of appointment against permanent post remained intact. The Chief Settlement Commissioner v. Raja Muhammad Fazil Khan and others P L D 1975 S C 331 ref. M. Zahoorul Haq for Petitioner. M. Mahfuz Khan for Respondents Nos. 1 and 3: Qazi Muhammad Jamil for Respondent No. 2.