1996 PLP (C (PLC(CS))
Prof. Dr. M. MUNEER HASSAN Versus THE CHANCELLOR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY/GOVERNOR OF SINDH, KARACHI and another
| Citation | 1996 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar, Zia Mahmood Mirza and Muhammad Bashir Khan Jehangiri, JJ |
| Parties | Prof. Dr. M. MUNEER HASSAN Versus THE CHANCELLOR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY/GOVERNOR OF SINDH, KARACHI and another |
| Primary Law | (a) N.E.D. University of Engineering and Technology Act (III of 1977), (b) Sindh Service Tribunals Act (XV of 1973) |
Q1: What are the key laws and sections cited in 1996 PLP (C (PLC(CS))?
This judgment primarily cites: (a) N.E.D. University of Engineering and Technology Act (III of 1977), (b) Sindh Service Tribunals Act (XV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar, Zia Mahmood Mirza and Muhammad Bashir Khan Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP (C (PLC(CS)) (Prof. Dr. M. MUNEER HASSAN Versus THE CHANCELLOR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY/GOVERNOR OF SINDH, KARACHI and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushir Ahmad Pesh Imam, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record (absent) for Appellant.
- Aziz A. Munshi, Advocate Supreme Court for respondent No. 1.
- Rehanul Hassan Farooqi, Advocate Supreme Court for Respondent No.2
- Date of hearing: 26th June, 1996.
- Mushir Ahmad Pesh Imam, Advocate Supreme Court and M. Shabbir Ghaury, Advocate‑on‑Record (absent) for Appellant.
- 3. Leave was granted to consider that in cases where an employee holds office during the pleasure of the employer, can his appointment be terminated without notice and without showing any reasonable cause. The learned counsel for the parties have argued the matter. According to the learned counsel for the appellant the order was mala fide, arbitrary and illegal. It was further contended that a period of 4 years has been fixed by statute under section 27(1) of the Act and the pleasure of respondent No.1 is fettered and restricted, which cannot be exercised against rules and the principles of natural justice. According to Mr. Aziz A. Munshi, section 27 permits termination of employment of the appellant even before expiry of 4 years as he held office during the pleasure of the Chancellor. He further pointed out that the period of 4 years for which he had been appointed, has expired Mr R H Farooqi learned council for respondent No 2 contented that in view of amendment? made by the Sindh Service tribunal (Amendment ) Act 1994 gazetted on 16- 1 ?1995 this appeal has abated . In? section 2 of the Sindh Service Tribunal Act 1973, which defince Civil Servant? the following new clause was inserted ;-
- By referring to these provisions, learned counsel for respondent No.2 contended that the appellant is an officer of the University, which is a Corporation or Institution established by a Provincial enactment and in terms of subsection (3‑E), he shall be deemed to be a civil servant. The appeal, therefore, in terms of subsection (3‑F) shall stand abated. The learned counsel for the respondents 'state that for the purposes of Sindh Service Tribunals Act, 1973, the appellant is a civil servant and an officer of the University under section 26(1) of the Act and the dispute which is subject‑matter of this appeal relates to terms and conditions of service of the appellant. On query the appellant stated that he has already filed an appeal before the Sindh Service Tribunal. In these circumstances, the appeal has abated, which is dismissed accordingly. The appeal of the appellant pending before the Sindh Service Tribunal shall be decided according to law.
Headnotes / Summary
(On, appeal against the order of the High Court of Sindh, Karachi dated 22-8-1994 passed in C.P. No. D-1641 of 1994).
S. 27
Constitution of Pakistan (1973), Art. 185(3)
Leave to appeal was granted to consider that in cases where employee holds office during the pleasure of employer, can his appointment be terminated without notice and without showing any reasonable cause.
Ss. 3-E, 3-F & 26(1) [as added by Sindh Service Tribunals (Amendment) Act (XXXI of 1994)]
Constitution of Pakistan (1973), Art. 185
Officers of Corporation including University were deemed to be civil servants within meaning of S. 3-E, Sindh Service Tribunals Act, 1973
Termination of services of such officers which were subject-matter of appeal related to terms and conditions of service, therefore, their remedy was by an appeal before Service Tribunal which they had already filed
Appeal before Supreme Court stood abated and was dismissed
Employees' appeal before Service Tribunal was, however, to be decided in accordance with law.
Judgment & Decree
SALEEM AKHTAR, J.‑‑‑The appellant with the leave of the Court has challenged the order of the learned Judges of the Division Bench whereby his Constitution petition filed against the order passed by respondent No. 1 removing him from the post of Vice‑Chancellor was dismissed in limine.
2. By order dated 17‑11‑1991, respondent No. 1 appointed the appellant as Vice‑Chancellor of N.E.D. University of Engineering and Technology for a term of 4 years as prescribed by section 27(1) of the N.E.D. University of Engineering and Technology Act, 1977 (hereinafter referred to as the Act). The order recited that the appellant has been appointed as Vice‑Chancellor of the University with immediate effect for‑a period of 4 years during the pleasure of the Chancellor on usual terms and conditions. By a subsequent Notification, dated 17‑4‑1994 before the expiry of period of 4 years, respondent No. 1 ordered that the appellant will cease to hold office of the Vice-Chancellor with immediate effect. The appellant filed a Constitution petition challenging the legality of the order, but it was dismissed in limine by order dated 22‑8‑1994.
3. Leave was granted to consider that in cases where an employee holds office during the pleasure of the employer, can his appointment be terminated without notice and without showing any reasonable cause. The learned counsel for the parties have argued the matter. According to the learned counsel for the appellant the order was mala fide, arbitrary and illegal. It was further contended that a period of 4 years has been fixed by statute under section 27(1) of the Act and the pleasure of respondent No.1 is fettered and restricted, which cannot be exercised against rules and the principles of natural justice. According to Mr. Aziz A. Munshi, section 27 permits termination of employment of the appellant even before expiry of 4 years as he held office during the pleasure of the Chancellor. He further pointed out that the period of 4 years for which he had been appointed, has expired Mr R H Farooqi learned council for respondent No 2 contented that in view of amendment? made by the Sindh Service tribunal (Amendment ) Act 1994 gazetted on 16- 1 ?1995 this appeal has abated . In? section 2 of the Sindh Service Tribunal Act 1973, which defince Civil Servant? the following new clause was inserted ;- "(aa) 'Corporation' means a Corporation or Institution set up or established by a Provincial enactment." In section 3, new subsections (3‑E) and (3‑F) were inserted, which read as follows:‑‑ "3‑E. Employee of a Corporation to be deemed civil servant.‑‑?Notwithstanding anything contained in any law, service or Corporation is hereby declared to be the service of the province and every person holding a post in the Corporation, not being a person who is on deputation to the Corporation shall, for the purposes of this Act, be deemed to be a civil servant. 3‑F. Abatement of vending cases of an employee of the Corporation.‑‑‑All suits, appeals or applications relating to the terms and conditions of service of a person holding a post in a corporation pending in any Court immediately before the commencement of the Sindh Service Tribunals (Amendment) Act, 1994, shall abate: Provide that a party to such suit, appeal or application tray within ninety days of the commencement of the Amending Act prefer an appeal to the Tribunal established under, section 3." By referring to these provisions, learned counsel for respondent No.2 contended that the appellant is an officer of the University, which is a Corporation or Institution established by a Provincial enactment and in terms of subsection (3‑E), he shall be deemed to be a civil servant. The appeal, therefore, in terms of subsection (3‑F) shall stand abated. The learned counsel for the respondents 'state that for the purposes of Sindh Service Tribunals Act, 1973, the appellant is a civil servant and an officer of the University under section 26(1) of the Act and the dispute which is subject‑matter of this appeal relates to terms and conditions of service of the appellant. On query the appellant stated that he has already filed an appeal before the Sindh Service Tribunal. In these circumstances, the appeal has abated, which is dismissed accordingly. The appeal of the appellant pending before the Sindh Service Tribunal shall be decided according to law. A.A./M‑3252/S?????????????????????????????????????????????????????????????????????? Appeal dismissed.