Efficacious remedy

2017 PLC(CS) 250 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 15(3) & 43Punjab University Employees (Efficiency and Discipline) Statutes, 1975, Paras. 12, 15 & 17University employeeProbationerUnsatisfactory performanceTermination of serviceNon-statutory service rulesShow cause notice, issuance ofRegular inquiryEfficacious remedy

Petitioner-employee was appointed as Senior Medical Officer (Dental) in BS-18 in the University but during probation his service was dispensed with due to unsatisfactory performance

Contention of petitioner-employee was that Syndicate being the competent authority, no adverse order could be passed without its recommendation

Validity

Where nature of the rules governing terms and conditions of service of an employee were non-statutory, constitutional petition against order of Authority was barred

Rules/regulations governing terms and conditions of service of the employee of University were non-statutory

Action taken by the authority could not be considered as arbitrary, capricious or fanciful for exercise of constitutional jurisdiction in the present case

Authority which had power to appoint anybody enjoyed the power to proceed against an appointee under the relevant provisions of law

When services of probationer were terminated on the basis of poor performance then he was not entitled for any show cause notice

No show cause notice was required to be issued prior to proceedings against the petitioner-employee

Employee would acquire certain rights only after successful completion of probation period

Not only remedy of appeal or review but that of revision had also been catered for an aggrieved employee of the University

When remedy of appeal, review or revision had been provided then no one could be allowed to by-pass the same simply for the reason that same was not efficacious

Constitutional petition being not maintainable was dismissed in circumstances.