Through this Constitutional petition under Article 199 of the Constitution of, Islamic Republic of Pakistan, 1973 petitioner has sought an appropriate direction respondent No.1 to take immediate action in the light of inquiry report prepared by the Inquiry Committee of Higher Education Department, Government of Punjab, Lahore and then decide the complaint/representation of the petitioner .
2. Brief facts, giving rise to the filing of this constitutional petition are that petitio ner, being a retired Laboratory Supervisor from University of Engineering and Technology , 'Lahore had observing corruption and corrupt practices of the Registrar , during his service moved a complaint before the NAB authorities which recommended it to the Higher Education Department (HED ) for proper action. Meanwhile, high-up's of the University had covered the illegalities of the said Registrar upon which the petitioner filed an application before the Higher Education Department (HED ) for inquiry and also filed Writ Petition No. 177820 of 2018 before this Court which was disposed of on 12.03.2018 directing the Higher Education Department (HED ) to proceed in the matter who issued a direction to the University of Engineering and Technology . According to .the petitioner , a meeting of the Syndicate of U.E.T ., was convened on 30.03.2019 but neither the said Registrar was de-notified nor any action has been initiated against him, hence this writ petition.
3. In the report and parawise comments submitted by the NAB authorities the Secretary Higher Education Department (HED ) had sent a letter to the Vice-Chancellor U.E.T . on 07.03.2019, also intimated to NAB, about the probe conducted in said matter and the Vice-Chancellor was directed to de-notify the illegal appointments through the Syndicate and take disciplinary action against all the responsible officials/ officers for such appointments.
According to the NAB, an order was pass ed in Writ Petition No. 14631 of 2017 on 13.03.2019 wherein the matter was referred to Syndicate U.E.T . for taking appropriate action. According to the learned counsel appearing on behalf of U.E.T ., the Registrar and Controller exams are appointed by the Syndicate under sections 15 and 17 respectively , of the University of Engine ering and Technology Lahore Act, 1974 and, therefore, the matter has already been placed before the Syndicate. Vide meeting held on 30.03.2019 in Item No.30 it was concluded that Selection Board and Syndicate was the competent authority for appointment of officers and teachers as per the University Act, 1974 and, therefore, on the consistent stance of the representative of Higher Education Department, the matter was referred to the Chancellor for his advice whereafter the appointment was to be reviewed.
4. Arguments heard. File perused.
5. Importantly , the NAB is not in action so far, therefore, when an advice was sought from the Chancellor/Governor Punjab, the said A authority is expected to give a prompt advice on the matter referred to him as in their wisdom the Syndicate thought it appropriate but they would not be presumed to have fulfilled their responsibility as the Chancellor himself is an officer of the University under section 9 and under Sectio n 10 he exercises such powers as described therein. Under section 10-A of the Act, he has got a revisional power on the matter either on his own motion or otherwise in order to satisfy himself as to the correctness, legality or propriety of any finding and, thereafter , can pass any such order which he deems fit, of course after hearing the af fected person.
6. In this view of the matter , we dispose of this writ petition with an observation an, expectation that advice by the Chancellor , as sought by the Syndicate, would be given without further wastage of un-necessary time whereafter the Syndicate will decide and. proceed in the matter accordingly .