Beyond mandate: Former ICS director’s suspension declared illegal

The syndicate had not delegated to the VC the authority to suspend Dr Naz.

LAHORE:

Chief Justice Umar Ata Bandial on Monday ordered the reinstatement of Punjab University’s Institute of Communication Studies (ICS) Director Ahsan Akhtar Naz, suspending the vice-chancellor’s orders for Dr Naz’s suspension on March 4 and later on June 6, on charges of sexual harassment.

The chief justice noted that the VC did not have the authority to suspend Naz. That power lay with the syndicate, which had not given the VC the authority to suspend faculty members. Thus, the VC’s orders for Dr Naz’s suspension were illegal. The CJ also issued the VC and the university a notice for September 26.



Dr Naz’s counsel Aftab Ahmed Bajwa submitted that the VC had suspended Dr Naz for 90 days on March 4. When the 90 days were over, he again suspended Dr Naz on June 4. That was illegal and unconstitutional, said Bajwa.

PU VC Mujahid Kamran, had used emergency powers under Section 15 (3) of the PU Act, to order the suspension of Dr Naz under Section 6 of the PEEDA Act, on charges of misconduct as provided in Section 3 (I& II) of the Act.

“During the suspension period, the headquarters of Dr Ahsan Akhtar Naz will be the office of the Registrar,” the order reads.

The suspension order, which does not refer to an inquiry or complaint, was delivered to Dr Naz. An inquiry was later held against Dr Naz and other teachers which he had also challenged before the Lahore High Court. However, on March 14, the court dismissed the petition challenging the institution of inquiry against him under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006.



Dr Naz had said that he was given a show cause notice and was proceeded against under the PEEDA Act. He said the PEEDA Act did not apply to PU employees.

The notices delivered to Dr Naz accused him of preparing fake award lists to favour four students in their exams. Dr Naz was also accused of violating PU rules in forming an illegal committee for MPhil admissions 2009-2011.

Published in The Express Tribune, June 25^th, 2013.