PLC(CS) 2011

2011 PLC (C (PLP)

Engineer MAJEED AHMED MEMON Versus LIAQUAT UNIVERSITY OF MEDICAL AND HEALTH SCIENCES, JAMSHORO and others

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition No.85-K of 2009, decided on 17th February, 2009.
Honorable Judges
Sabihuddin Ahmed and Sarmad Jalal Osmany, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 PLC (C (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Sabihuddin Ahmed and Sarmad Jalal Osmany, JJ
Parties Engineer MAJEED AHMED MEMON Versus LIAQUAT UNIVERSITY OF MEDICAL AND HEALTH SCIENCES, JAMSHORO and others
Primary Law Removal from Service (Special Powers) Ordinance (XVII of 2000)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 PLC (C (PLP)?

This judgment primarily cites: Removal from Service (Special Powers) Ordinance (XVII of 2000) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 PLC (C (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sabihuddin Ahmed and Sarmad Jalal Osmany, JJ.

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

Cite this legal precedent as: 2011 PLC (C (PLP) (Engineer MAJEED AHMED MEMON Versus LIAQUAT UNIVERSITY OF MEDICAL AND HEALTH SCIENCES, JAMSHORO and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Removal from Service (Special Powers) Ordinance (XVII of 2000)

Representation

  • Ansari Abdul Lateef, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for Petitioner.
  • Kamaluddin, Advocate Supreme Court and Ghiasuddin Mirza, Advocate-on-Record for Respondents Nos.3 and 4.

Headnotes / Summary

(On appeal against the order dated 13-11-2008 passed by High Court of Sindh, Karachi in C.P. No.D-1202 of 2008).

Ss. 2(b) & 3

Constitution of Pakistan, Art.185(3)

Probationer

Misconduct

Removal from service

Leave to appeal was granted by Supreme Court where petitioner had contended that even though he was a probationer since there were definite allegations of corruption or irregularity against him, he could not be removed without a proper inquiry. Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan PLD 1974 SC 393 ref.

Judgment & Decree

SABIHUDDIN AHMED, J.

This petition is directed against the order dated, 13-11-2008 passed by honourable High Court of Sindh in C:P.No.D-1202 of 2008.

2. The petitioner though working as a probationer in the respondents university was served with a show-cause notice containing allegations of misconduct under the Removal From Service (Special Powers) Ordinance, 2000. He submitted a reply to the notice but admittedly neither an inquiry was held nor was a personal hearing accorded to him. On 7-11-2007 an order terminating the petitioner's services on the basis of charges levelled was passed.

3. Mr. Ansari Abdul Lateef, learned counsel for the petitioner has contended that even while being a probationer since there were definite allegations of corruption or irregularity he could not be removed without a proper inquiry. Reliance is placed on the pronouncement of this Court in the case of Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan reported in (PLD 1974 SC 393) which prima facie supports his point of view, Leave to appeal is, therefore, granted. Appeal may be ready within three weeks and be listed for heating whenever a Bench of three honourable Judges is available thereafter. M.B.A./M-18/SC Leave granted.