2004 PLP (C (PLC(CS))

On the recommendation of the constituted by Selection Committee, Board of Governors, you are hereby Administrative Officer (Academics) in Rachna College of Engineering & Technology, Gujranwala on the following terms/conditions:‑ On the recommendation of the Selection Committee, Constituted By the Board of Governors, you are The offered the post of hereby offered the post of Administrator Officer (Academics) in Rachna College of Engineering & Technology, Gujranwala on the following terms/conditions: Terms and Conditions Terms and Conditions

1. Salary. Equivalent to maximum of BS‑17

1. Salary. Equivalent to maximum of BS‑17 2.Period of Contract. The contract shall‑be initially, for a period of three years from the date of joining subject to satisfactory performance. The terms of contract may be extended if your overall performance is adjudged to be satisfactory. 2.Period of Contract. The contract shall‑be initially, for a period of three years from the date of joining subject to satisfactory performance. The terms of contract may be extended if your overall performance is adjudged to be satisfactory.

3. Leave. Total casual leaves per year with year with pay shall not exceed 25 days. At days. At anyone time, more than six casual casual leaves shall not be allowed.

3. Leave. Total casual leaves per year with year with pay shall not exceed 25 days. At days. At anyone time, more than six casual casual leaves shall not be allowed.

4. Accommodation. Accommodation will be provided on Campus.

5. Termination of Contract. Contract appointment shall be liable to termination in view of the Employees Efficiency and Discipline Rules of the College. Show‑Cause Notice shall before termination of assigning the Contract.

5. Termination of Contract. Contract of of appointment shall be liable to termination on one month's notice of payment of one month's salary in lieu thereof by either side without be mandatory any reason.

6. Performance. Your performance shall ‑be assessed/evaluated on the basis of‑

6. Performance. Your performance shall be assessed /evaluated on the basis of: (i) Administrative skill and office management abilities. (ii) Interest in work and duties. (iii) Initiative taking: (iv) Punctuality. (v) Discipline (i) Decrease m dropouts. (ii) Quality of Learning of students (iii) Evaluation/ assessment of studies learning achievement. (iv) Punctuality. (v) Discipline

7. Following points go to show that the first page of the so called appointment letter which is being relied upon by the petitioner is not the original first page. " (i) On all the appointment orders produced by the respondent College before this Court the reference number, is handwritten whereas in the appointment letter produced by the petitioner the reference number is typed. If the petitioner had got the reference number handwritten on the first page the forgery would have become too apparent. (ii), In the original letter column pertaining to salary provides that petitioner would get salary equivalent, "mid of BS‑17" whereas on the first page substituted by the petitioner it has mentioned as "equivalent to maximum BS‑17". On Court query petitioner conceded that he got salary equivalent to mid of BS‑17 as stipulated in the original letter of appointment produced by the respondent College. (iii) The period of contract in all the appointment letters made by the College on 26-112002 and 27‑11‑2002 is two years and even in the original letter of appointment of the petitioner produced by the respondent. College' it is two years. However, on the first page of the appointment letter produced by the petitioner the period of contract is three years and it is repellent to common sense why the petitioner should have been given a contract appointment of three years as against 2 years contract in all others appointments made the same day in similar grade. (iv) In. none of the 23‑appointment letters issued on 26‑11‑2002 and 27‑11‑2002 there is any provision of Show‑Cause Notice and reference to any Employees Efficiency and Discipline Rules of the College except on the first page of the appointment letter produced by the petitioner. (v) Petitioner could not produce any document to show that the college had made any Employees Efficiency and Discipline Rules to indicate that he has to be governed by those Rules.

8. There were serous allegations against the petitioner of misappropriating the college funds, off tampering with the college record and off exploiting his position off trust, in the earlier Constitutional petition the respondent College had placed on record a copy of the inquiry report conducted by Mr. Muhammad Najeeb Aslam Assistant District Officer, Revenue Gujranwala who it is not denied had considered petitioner's written explanation about the allegations levelled against him and came to the following conclusion that, petitioner was guilty of misappropriating a sum of Rs.50,000 and he had recommended that all matters pertaining to his office be inquired into. The Principal of the respondent College while appearing in the earlier petition referred to above had fairly agreed to consider petitioner's representation and in terms of his statement the petition was disposed of. His case was put up before the Board of Governors and it has chosen to reiterate and uphold the earlier order of termination of petitioner's services.

9. Prima facie the allegation that petitioner in his capacity as Administrative Officer manipulated the record and substituted the first page with the one wherein he has added certain. favourable terms and conditions which were not stipulated in‑ the original order is not without substance.

10. The allegations of mala fide are without substance. In the entire body of this petition petitioner has not given any reason as to which officer of the respondent College and why is he inimically disposed towards him to have taken the impugned action. Mala fides cannot be alleged in vague terms. In Federation of Pakistan v. Saeed Ahmad (PLD 1974 SC 152) at page 170 it was observed as under:‑‑ "Mala fides is one of the most difficult things, to prove and the onus is entirely upon the person alleging mala fides to establish it, because, there is, to start with, a presumption of regularity with regard to all official acts, and until the presumption is rebutted, the action cannot be challenged merely upon a vague allegation of mala fides. As has been pointed out by this. Court, in the case of the Government of West Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri (1), mala fides must be pleaded with particularity, and once one kind of mala fides is alleged, no one should be allowed to adduce proof of any other kind of mala fides nor should any enquiry be launched upon merely on the basis of vague and indefinite allegations, nor should the person alleging mala fides be allowed a roving 'enquiry into the files of the Government for the purposes of fishing out some kind of a case."

11. The petitioner is not a civil servant, the appointment was purely contractual and in terms of the contract his services could be dispensed with or terminated on one month's notice or payment of one monih's salary in lieu thereof. Even otherwise he does not deny that the Service Tribunal has accepted his appeal against termination of the service as a Magistrate. He therefore, is not jobless either. In these circumstances I do not find any jurisdictional defect to warrant interference in Constitutional jurisdiction of this Court. Furthermore, petitioner has come to this Court with unclean hand and cannot seek any relief in equitable jurisdiction of this Court. The petition having no merit is accordingly dismissed. M‑.H./Z‑209/L Petition dismissed.