THE UNIVERSITY OF THE PUNJAB vs MUHAMMAD YOUSAF
The respondent, a Stenographer at the University Oriental College, faced disciplinary proceedings for alleged misappropriation of funds and loss of records. An authorized officer conducted an inquiry, exonerated the respondent, and recommended reinstatement. However, the competent authority disagreed with these findings and issued a show-cause notice proposing dismissal. The respondent challenged this notice via a writ petition in the High Court, which declared the notice without lawful authority. The University of the Punjab appealed this decision to the Supreme Court. The Supreme Court granted leave to appeal to determine whether the competent authority possessed the legal power to disagree with the findings of the authorized officer and whether the High Court acted prematurely in exercising writ jurisdiction against a mere show-cause notice before a final order was passed. The Supreme Court stayed the operation of the High Court's order pending the final adjudication of these legal questions.
- Whether a competent authority has the legal power to disagree with the findings of an authorized officer in disciplinary proceedings?
- Whether the High Court can exercise writ jurisdiction to challenge a show-cause notice before a final order has been passed by the competent authority?
ORDER
' SAAD SAOOD JAN, J.--The respondent was serving as Stenographer in the Department of Urdu of the University Oriental College. On the allegations that he had misappropriated funds amounting to Rs, 81,346.60 and had misplaced the relevant record relating to the funds, disciplinary proceedings were taken against him. The authorised officer held an inquiry and exonerated him of the charges against him. He recommended to the competent authority to reinstate him. The competent authority declined to accept the finding of the authorised officer and issued him a show-cause notice why he should not be removed or dismissed from the University service.Instead of giving any reply he filed a writ petition in the High Court to challenge the legality of the show- cause notice. A learned single Judge accepted the petition and declared the notice to be without lawful authority and of no consequence. The University of the Punjab seeks leave to appeal from the order of the High Court.
2. After hearing learned counsel for the petitioner, we grant leave to appeal to consider the questions;
(1) Whether it was open to the competent authority to disagree with the findings of the authorised officer? And
(2) Whether it was open to the High Court to interfere in writ jurisdiction in the matter while only a show-cause notice had been issued to the respondent and no final order had yet been made?
' The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. The operation of the order of the High Court is stayed.