Increase font size Decrease font size Reset font size

UoP ex-registrar`s plea against transfer sent to syndicate

Bureau Report 2017-03-08
PESHAWAR: A Peshawar High Court bench on Tuesday disposed of a petition Eled by a recently transferred registrar of the University of Peshawar, Dr Syed Fazl-i-Hadi, and referred his plea against his transfer by the acting vice-chancellor to the university`s syndicate for decision.

Chief Justice Yahya Afridi and Justice Ikramullah Khan asked the syndicate to address the petitioner`s grievance and observed that the syndicate was not inclined to agree with his plea, it should give reasons for that.

The bench observed that thepetitioner had the remedy available under Section 40 of the Khyber Pakhtunkhwa Universities Act, 2012, to approach the university`s syndicate for redressing his grievances.

The petitioner was transferred on Feb 7 by the pro-vice chancellor/ acting vice chancellor, Dr Muhammad Abid, only five days after the later had assumed his charge.

The respondents in the petition were UoP pro-vice-chancellor and acting vice-chancellor Dr Muhammad Abid; UoP syndicate through its chairman and chancellor; acting registrar Dr Zulñqar, and higher education department secretary.

Ijaz Khan Sabi, lawyer for the petitioner, said his client was permanently appointed as the UoP registrar under Section 14 of the University of Peshawar Act, 1974, through an order issued on Oct 20, 2010, and that his ser-vices were confirmed on Oct 20, 2011.

He said since his client performed duty with devotion under different vice-chancellors, there was not a single complaint against him.

The lawyer said in the meantime, the UoP Act was repealed and replaced with the Khyber Pakhtunkhwa Universities Act 2012.

He said the issue of the petitioner`s appointment was raised by some deans in the past including Dr Mohammad Abid, who was the dean of the Faculty of Numerical and Physical sciences.

He added that the chancellor and governor had sought advice from the law department on the matter and got the opinion that Dr Syed Fazl-i-Hadi had been appointed on regular basis under a statute and that he had right to continue on regular basis until his retirement.

The lawyer said Dr Abid wasrecently appointed pro-VC and acting vice chancellor of UoP and that he soon transferred the petitioner on Feb 7 as director office of research innovation and commercialisation without following the law, and issued another office order assigning the duties of the registrar to an assistant professor, Dr Zulfiqar.

Ghulam Mohiuddin Malik, lawyer for the UoP administration, said under Section 40 of the KP Universities Act, 2012, the petitioner could file an appeal with the syndicate against the decision of the VC.

He added that when alternate remedy was available to the petitioner, he could not move the high court. The bench asked when the syndicate was scheduled to meet. The lawyer replied the meeting would take place in the first week of April. The bench observed that it would be appropriate for the syndicate to look into the plea of the petitioner.