MUHAMMAD NAWAZ BHATTI, J.--- Brief facts leading to this writ petition are that the petitioner appeared in English paper-B, B.A. 2nd Annual Examination 2003 on 20.12.2003 and handed over the answer book to the Invigilating Staff on 24.1.2004, he was issued charge-sheet, alleging that as he had not handed over the answer book to the Invigilating Staff, he had .Been found guilty of smuggling out the same from the Examination Hall in violation of Regulation No. 14 of the Regulation regarding conduct of Examination. The petitioner replied to the charge. Vide letter dated 23.2.2004 issued by respondent No. 1,, he was asked to appear before the Disciplinary Committee on 6.3.2004 at 10:a.m. When he appeared before the Disciplinary Committee vide another letter dated 9.3.2004, he was also directed to re-appear before the Disciplinary Committee on 25.3.2004 alongwith original F.A. Certificate. He appeared before respondent No.1 on the said date. Vide letter dated 25.3.2004 issued by respondent No.1 Deputy Controller of Examination and Secretary Disciplinary Committee, the petitioner was communicated decision of unfair means case, according to which he was disqualified for three years/6 chances from passing 2nd Annual and from appearing in any University Examination till I-A/06. Against the said decision, the petitioner preferred an appeal before respondent No. 2 Vice Chancellor Bahaud Din Zakaryya University Multan who the same vide order dated 9.6.2004. Against the orders dated 25.3.2004 and 9.3.2004, the petitioner has filed this writ petition.
2. Learned counsel for the petitioner has contended that there was no direct evidence against the petitioner of smuggling out the answer book from the examination hall; that there Was no' fun for smuggling the answer book because in English Paper-A the petitioner had obtained 33 marks and was passed; that the petitioner cannot be made to suffer on account of any negligence of the Invigilating Staff and in this behalf reliance is placed on Controller of Examinations, University of Punjab and others Vs. Javed Iqbal Bajwa (1996 SCM R 1726). And that the impugned orders are based on male fides.
3. On the other hand, learned counsel for the respondent University has supported the impugned orders the comments and submitted that the charge against the petitioner had been duly proved during the course of inquiry conducted by the Disciplinary Committee whose findings were affirmed by the appellate authority/respondent No: 2.
4. Arguments heard. Record perused.
5._ It is an admitted fact that the petitioner appeared on 20.12.2003 in English paper-B, B.A. 2nd Annual examination 2003. It is also an admitted fact that he received the answer book after making signature on the identification sheet, as is evident from the identification sheet Annexure R- ll. Perusal of the statements of Prof. Khalid Javed Assistant Professor, Govt. Walayat Husain College Multan and Noorullah, Deputy Superintendent/Lecturar Govt. Degree College Chichawatni shows that Bilal Ahmad Khan Invigilator of the Examination Centre was responsible for losing the answer book as he did not come on duty as Invigilator in the next paper. There is no eye-witness of the alleged incident of smuggling answer book. Even there was no reason for the petitioner not to hand over the answer book of the above paper to the Invigilating Staff as he hod obtained first class marks in other subjects. There is no indication on record that the findings of respondent No.- 1 were approved by the Vice Chancellor Bahaud Din Zakaryya University Multan/ respondent No. 2.
6. In view of the' above circumstances, I find illegality in the impugned orders and, therefore, this petition is allowed and the impugned orders are set aide.