MUHAMMAD AZAD JUNIOR LECTURER DEPARTMENT OF MECHANICAL ENGINEERING (MUST) UNIVERSITY, MIRPUR, AZAD KASHMIR vs

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MUHAMMAD AZAD JUNIOR LECTURER DEPARTMENT OF MECHANICAL ENGINEERING (MUST) UNIVERSITY, MIRPUR, AZAD KASHMIR VS VICE-CHANCELLOR MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY (MUST) MIRPUR, AZAD KASHMIR Protection against harassment/arrest before completion of inquiry---Petitioner serving as Junior Lecturer was given suspension order on allegations of breach of trust, violation of the regulations for the personal conduct of the teachers, abuse of authority to fulfil his personal desires/ill wishes; violation of examination rules, harassment of female students through calls/text messages, and moral turpitude---Petitioner contented that the suspension order had been issued without providing an opportunity of hearing; that application was sent to police without any information whereupon the concerned police was harassing the petitioner and his parents; that he submitted a detailed reply; that all the proceedings have been initiated with mala fide intention; that he was being forced by the police to resign from his assignment otherwise an FIR would be chalked out against him---Petitioner filed an application for seeking amendment in writ petition on certain grounds---Held, that if such application was allowed even then the result would remain the same; and the proceedings would be prolonged, hence the application was rejected---Female students submitted an application to concerned authority along-with plethora of massages against her teacher/petitioner---Vice Chancellor of the University had constituted the inquiry committee---Said committee invited reply of the petitioner and had given its findings against the petitioner---Proceedings initiated by the University authorities were in accordance with Chaper-1 of Employees (Efficiently and Discipline) Statutes, 2009 of the concerned University holding the field, hence, the argument to such extent was repelled---Inquiry report had been submitted to the authority and the final order had not yet been passed due to pendency of present petition---Authority of the petitioner could not go bound to pass any appropriate order in the light of the relevant provisions of law---University in view of its Calendar was wholly entitled to constitute inquiry committee/officer to remove anomalies and it was an administrative matter falling within the exclusive domain and policy decision of the Government/competent authority---Creating obstacle in such like matters by the High Court in exercise of writ jurisdiction was not warranted by law---Inquiry committee had no powers to pass final order, except to send the recommendations collected during the inquiry to the competent authority---University had the prerogative to pass any appropriate order---Petitioner was neither an aggrieved party within the meaning of Art.44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 nor had locus standi to invoke the writ jurisdiction of the High Court by way of writ petition---Writ petition was dismissed accordingly. Head NotesCase Description

MUHAMMAD AZAD JUNIOR LECTURER DEPARTMENT OF MECHANICAL ENGINEERING (MUST) UNIVERSITY, MIRPUR, AZAD KASHMIR vs VICE-CHANCELLOR MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY (MUST) MIRPUR, AZAD KASHMIR Protection against ha — 2023 PLC(CS) 75 HIGH-COURT-AZAD-KASHMIR

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