C.P.No.D- 972 of 2008.
1.For Katcha peshi.
2.For hearing of CMA 1969/09.
-
20.10.2010. Mr.Nizamuddin Baluch advocate for the petitioner.
Mr.T.David Lawrance DAG.
-
FAISAL ARAB, J- Petitioner Aijaz Ahmed Kalhoro was appointed as Centre Manager of Virtual University, established by Ministry of Science and Technology, Government of Pakistan vide letter dated 24th September, 2002 on contract basis for a period of one year. However, his contract continued till 2008 when there were certain allegations against him regarding misconduct such as absence from duty and misappropriation of funds.
The case of the petitioner is that on the basis of certain allegation of misconduct his services were terminated without holding proper enquiry and without providing him an opportunity to clear his position in enquiry proceedings.
Learned DAG appearing for respondent No.1 on the other hand, has argued that the petitioner was employed on contract basis, his terms and conditions were not regulated by any statutory rules or regulations and he being contract employee, his services could be terminated any time.
With regard to the arguments of the counsel for the petitioner that petitioner’s services were terminated on account of certain allegations of mis-conduct without holding proper enquiry, the learned DAG has drawn our attention to the enquiry report that has been submitted with the comments filed by respondent Nos.2 and 3, wherein, charges against mis-conduct are said to have been established.
Learned DAG has further argued that as the services of the petitioner, are not being regulated by any statutory rules and regulations, therefore, the ratio of the judgment decided in the case reported as PAKISTAN INTERNATIONAL AIRLINE CORPORATION and others v TANWEER-UR-REHMAN and other (P L D 2010 Supreme Court 575), are fully attracted, wherein, the Honourable Supreme Court has held as follows;-
“25. Thus, in view of discussion made hereinabove, we are persuaded to hold that although the appellant-Corporation is performing functions in connection with the affairs of the Federation but since the services of the respondent-employees are governed by the contract executed between both the parties, as is evident from the facts narrated hereinabove, and not by the statutory rules framed under section 30 of the Act, 1956 with the prior approval of the Federal Government, therefore, they will be governed by the principle of Master and Servant.”
In view of the judgment of the Honourable Supreme Court and the fact that the services of the petitioner, are purely based on contract, we can not direct re-instatement of the petitioner in service. However, since the petitioner was terminated on the charges of mis-conduct which has attached stigma to the petitioner’s record, we are of the view that the petitioner shall be free to establish that the allegations made against him were not justified. In view of the Judgment of the Honourable Supreme Court, the petitioner cannot seek termination in service in these proceedings. He can only seek damages in a suit in case it is established that the allegations leveled against the petitioner were not justified and he was wrongly terminated. Therefore, we, while dismissing this petition, leave it open to the petitioner to seek appropriate remedy if he is so advised.
Petition stands disposed of alongwith listed application.
JUDGE
JUDGE
Akber.