IN THE HIGH COURT OF SINDH AT KARACHI
(Regular Bench Matter)
CP No. D-:_______ of 2025
Muhammad Wasiq Ali Khan
S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of
House No. 869, Mohalla, Shah Faisal Colony
Karachi …….…………….……....……...……………………..Petitioner
VERSUS
1. The Province of Sindh
Through Secretary,
Universities & Boards Department
Having office at 7th Floor, (PRC) Towers,
Near PNSC Building,
Moulvi Tamizuddin Khan Road,
Lalazar, Karachi.
2. NED University of Engineering and Technology
Through its Vice Chancellor
Having office at University Road,
Karachi.
3. NED University of Engineering and Technology
Through its Registrar,
Having office at University Road,
Karachi.
4. NED University of Engineering and Technology
Through its Inquiry Officer / Convener,
Karachi ..………………………………….….. Respondents
CONSTITUTIONAL PETITION UNDER ARTICLE 199 (1)(a)(i)
AND (1)(b)(ii) OF THE CONSTITUTION OF PAKISTAN 1973
1. That the Petitioner is a lawful citizen of Pakistan and was
serving as a Lecturer in the Department of Materials
Engineering, NED University of Engineering & Technology,
Karachi. The Petitioner invokes the constitutional jurisdiction of
this Hon’ble Court under Article 199 for enforcement of his
fundamental rights guaranteed under Chapter-I, Part-II of the
Constitution.
2. That the Petitioner is entitled to the rights of equal protection of
law, dignity, fair trial, and to be dealt with in accordance with
law as enshrined in Articles 4, 9, 10-A, and 25 of the
Constitution.
3. That Respondent No.1 is the Province of Sindh, the controlling
authority of Respondent No.2, a statutory body established
under the NED University of Engineering & Technology Act,
1977.
4. That the Petitioner has been a hardworking and competent
faculty member. In the Academic Session 2024-2025 (Fall
Semester), carrying all the experimental and research works
going on while pursuing the noble profession of teaching in this
institute. The student’s comments and feedback reflected
positively on his teaching performance. (Photocopy of
Notification, Students Comments/Suggestions are attached
herewith Annexure A to A/
5. That on 29.12.2022, a complaint was made by certain students
alleging misbehaviour. On 12.01.2022, the Chairman issued an
internal memo, followed by a Show Cause Notice on 03.02.2022
from the Registrar. The Petitioner responded with an
explanation, clarifying that his intentions were always for
student welfare. (Photocopy of complaint, show cause notice,
internal memo and apology by Petitioner is attached herewith
Annexure B to B/_____)
6. That despite the clarification, Respondent No.3 issued a warning
letter on 10.05.2022. Thereafter, on 23.02.2023, the Petitioner was
transferred without justification to disturb him, which order was
later repatriated on 07.06.2023. (Photocopy of Office order is
attached herewith Annexure C to C/____)
7. That on 20.11.2024, an anonymous application with no name or
roll number was entertained against the Petitioner, and without
issuing any notice or hearing, Respondent No.3 issued a
suspension order on 25.11.2024. This was done despite the Show
Cause Notice granting seven days for reply, Even that the
Petitioner submitted his reply on 02.12.2024, but the same was
disregarded by the Respondents, thus violating principles of
natural justice. (Photocopy of application, suspension Order
and Reply by petitioner is attached herewith Annexure D to
D/_____)
8. That further anonymous complaints dated 14.12.2024 and
20.12.2024 were entertained without verification, reflecting mala
fide intentions to damage the Petitioner’s reputation. That on
09.01.2025, a charge-sheet was issued. The Petitioner sought
evidence, supporting documents, and reasonable time to prepare
his defence, but no facilitation was provided. (Photocopy of
applications, Charge Sheet and application for providing time
for evidence are attached herewith Annexure E/E____)
9. That on 10.03.2025, a final Show Cause Notice for removal was
issued, followed by a suspension order bearing No.
DR(Estab)/(Pers. No. 3716)/2005 dated 20.03.2025, all without
affording the Petitioner a fair opportunity of hearing. Above all,
in this notification there is absolutely no indication or
information regarding the transfer or referral of the said matter
to the Syndicate. Yet, out of sudden and without any lawful
process, the matter surfaced in the agenda of the Syndicate
meeting and an order for removal was passed, which is
shocking, arbitrary, and without jurisdiction. Such clandestine
insertion of the matter before the Syndicate without prior notice
to the Petitioner or lawful reference by the competent authority
is a gross violation of the principles of natural justice and
demonstrates clear mala fide on the part of the Respondents.
(Photocopy of final show cause notice and office order are
attached herewith as Annexure F to F/____).
10.That subsequently, the Petitioner was reinstated as Lecturer but
posted to the Coordination Section of the Registrar’s Office. As a
registered Ph.D scholar of the Department of Materials
Engineering, he was unlawfully denied access to his department,
laboratories, and computer lab through verbal instructions of the
Chairman and another final show cause was passed by the
Registrar on 19.06.2025 in which they made an allegations that
Petitioner misbehaved with the staff which is totally baseless
and there have no any legal weight and the other discrimination
which I want to assist this court that Petitioner is a well educated
and PHD holder professor but Respondent No.2 to 04 give him
excess beside the security room of university which is totally
illegal and immoral act of the Respondents (Photocopy of
reinstated order, final show cause notice and application for
using access are attached herewith Annexure G/G____)
11.That the Petitioner further submits that in the Syndicate meeting
held on 12.08.2025, minutes of which were issued on 15.08.2025
by the Registrar, under Item No. 5(b), it was recorded that the
Syndicate “conceded downgrading” of the Petitioner from his
substantive post of Lecturer (BPS-18) to the post of Assistant
Registrar (BPS-17). The said item appears to have been
intentionally placed on the agenda and was decided in a manner
that reflects mala fide intentions against the Petitioner, as such a
downgrading is not only unprecedented but also dehors the law.
The minutes further reflect serious discrepancies: the
charge-sheet was wrongly recorded as having been issued on
07.01.2024, whereas the correct date is 09.01.2024; similarly, the
opportunity of personal hearing was falsely recorded as
23.03.2025, while the actual date was 25.03.2025. Furthermore,
while the agenda only pertained to downgrading, the Syndicate
unlawfully exceeded its mandate and astonishingly proceeded
to record a “suggestion for removal” of the Petitioner. Such an
act is not merely irregular but a blatant abuse of authority, a
colourable exercise of power, and a shocking departure from the
settled principles of law. It is unheard of in academic governance
that an agenda item for “downgrading” could be converted into
a basis for recommending outright removal. This reckless and
mala fide overreach not only demonstrates clear victimization of
the Petitioner but also renders the entire proceedings coram non
judice, void ab initio, and a gross mockery of due process.
12.That the Petitioner further submits that the official record falsely
mentions that a “personal hearing” was conducted before the
Vice Chancellor on 19/03/2025 in the presence of the Registrar
and the Dean where the petitioner “confessed” before the Vice
Chancellor in the presence of the Registrar and the Dean. The
Petitioner categorically denies ever making any such confession.
This false insertion is a deliberate fabrication, actuated by mala
fide, intended to prejudice the Petitioner’s case and to falsely
justify punitive action. Such concocted narration of events,
which never occurred, not only vitiates the credibility of the
entire disciplinary process but also demonstrates clear violation
of Articles 4, 10-A, and 25 of the Constitution, as the Petitioner
has been condemned on the basis of false and fabricated
material.
13.That the impugned actions of Respondents No.2 to 4 are
arbitrary, discriminatory, and actuated by mala fide, amounting
to harassment and victimization, besides being in violation of
statutory provisions and constitutional safeguards.
14.That the entire process adopted against the Petitioner is in
breach of the principles of natural justice, the NED University
Act, 1977, and the service rules, and is thus without lawful
authority and of no legal effect.
15.That the acts and omissions of the Respondents violate Articles 4
(due process), 9 (personal liberty and dignity), 10-A (fair trial),
18 (profession), and 25 (equality) of the Constitution, coupled
with non-compliance with statutory safeguards under the NED
University Act, 1977 (Sindh Act III of 1977) and its Statutes
governing disciplinary proceedings.
16.That the entire proceedings are void ab initio as they are based
on mala fides, lack of lawful authority, denial of due process,
and violation of statutory provisions of the Sindh Universities
Laws (Amendment) Act, 2013 and applicable Service Statutes of
NED University.
17.That the Petitioner prays that all impugned actions—suspension,
charge sheets, show cause notices, removal proposals, and
transfers—be declared unlawful, void ab initio, having been
effected without authority, malafidely, and in violation of
constitutional and statutory mandates.
18.That the Petitioner further seeks a declaration that the Inquiry
proceedings are null and void due to denial of essential
requirements of audi alteram partem, lack of transparency, and
absence of lawful opportunity to present or contest evidence.
19.That the Inquiry was conducted in a biased manner — the
Petitioner was denied reasonable opportunity to cross-examine
witnesses, present defense evidence, and obtain adequate time to
prepare his reply. The entire proceedings are hit by principles of
natural justice (audi alteram partem).
20.That the Petitioner prays that future disciplinary measures, if
any, against him must be conducted in strict adherence to
constitutional guarantees, statutory regulations of NED
University, and adherence to principles of natural justice.
21.That the Hon’ble Court acknowledges that Rumors are not
equivalent to facts. The petitioner is the only bread winner of his
house. He has a specially abled sister who lives with him.
Despite all these facts, the right to fair trial is even given to the
accused of murder but the administration chose not to give
proper free trial which affects the career of the petitioner both
professionally as well as academically. The removal of a gazetted
officer of BPS 18 on the basis of allegations is certainly not an
easy commodity to act, rather a fine and transparent inquiry
shall be made in this instant.
22.That the petitioner craves leave to urge additional grounds at the
time of hearing of the instant petition.
23.That despite these serious procedural lapses, the Inquiry Officer
declared the charges “proved” without any cogent evidence or
application of mind, which is a nullity in the eyes of law
therefore the petitioners seek to redressal of his grievance by
entertaining article 199 of islamic republic of pakistan as the
cause of action for redressal of petitioner;s grievance fall under
the constitutional and territorial jurisdiction of this Hon’ble
Court of Justice
PRAYER
That in view of the above, it is respectfully prayed that this
Hon’ble Court may be pleased to:
a) Declare that the impugned suspension orders, transfer
orders, and restrictions imposed on the Petitioner are illegal
and of no legal effect;
b) Declare the Respondents as legitimate lecturer to access and
allow the Petitioner full access to the Department of Materials
Engineering and all related facilities;
c) Restrain the Respondents from taking any adverse action
against the Petitioner without due process of law and till the
decision of above mentioned constitutional petition.
d) Grant any other relief deemed just and proper in the
circumstances, along with costs.
Karachi
Dated: _____August, 2025
PETITIONER
ADVOCATE FOR THE PETITIONER
VERIFICATION
I, Muhammad Wasiq Ali Khan S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of House No. 869, Mohalla,
Shah Faisal Colony Karachi, the Petitioner, do hereby solemnly
state on oath that the factual narration in the foregoing petition is
based upon my instructions to the Counsel and the same is true to
the best of my knowledge while the grounds is true as per the
advice received and believed by me to be true.
DEPONENT
CNIC # __________________
CELL # __________________
Document filed Annexure “A to “G”
Documents relied upon All the originals above
Address of the Petitioner: As in the title of the Petition.
Address of the Petitioner’s:
3
Suit No. 3 & 4 Near Islamia College
Jigar Muradabadi Road Karachi
DRAFTED BY ME Usman Farooq
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
APPLICATION UNDER SECTION 151 C.P.C
For the fact and reasons disclosed in the accompanying
affidavit, it is humbly prayed on behalf of the Petitioner, above
named that this, Honorable Court may graciously be pleased to
accept Photostat copies of the annexure and exempt the Petitioner
from filing the original documents which at present is neither in
its power nor possession and would be filed if and when directed
by this Honorable Court.
Prayer is made in the interest of justice.
KARACHI
Dated ___August, 2025
ADVOCATE FOR THE PETITIONER
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
AFFIDAVIT
I, Muhammad Wasiq Ali Khan S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of House No. 869, Mohalla,
Shah Faisal Colony Karachi, the Petitioner, do hereby state on
oath as under: -
1. I say that being the Petitioner in the captioned matter, hence I am
well conversant with the facts and circumstances of this case.
2. I say that the copies of annexure annexed with the petition are not
readily available with the petition, and the same shall be filed as
and when required by this Hon’ble Court.
3. I say that unless the accompanying application is granted the
interest of the Petitioner shall be seriously prejudiced and
Petitioner shall suffer irreparable loss, harm and injury.
4. That whatever has been stated above is true and correct to the
best of my knowledge, belief and information.
Karachi
Dated ___ August, 2025
DEPONENT
CNIC # __________________
CELL # __________________
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
APPLICATION U/R-9, CHAPTER III-B VOLUME – V,
OF THE HIGH COURT RULES AND ORDERS
For the facts and reasons stated in the accompanying
affidavit, it is humbly prayed on behalf of the Petitioner, above
named that this Honorable Court may graciously be pleased to fix
the captioned petition in court/chamber on _____day of August,
2025, as the same requires urgent consideration.
This prayer is made in the interest of justice.
Karachi
Dated ___ August, 2025
ADVOCATE FOR THE PETITIONER
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
AFFIDAVIT
I, Muhammad Wasiq Ali Khan S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of House No. 869, Mohalla,
Shah Faisal Colony Karachi, the Petitioner, do hereby state on
oath as under: -
1. I say that being the Petitioner in the captioned matter, hence I am
well conversant with the facts and circumstances of this case.
2. I say that the accompanying application for urgent hearing has
been drafted and filed under my specific instructions. The
contents thereof are correct and same may be treated as integral
part of this affidavit.
3. I say that unless the accompanying application is granted, the
interest of the Petitioner shall be seriously prejudiced and he shall
suffer irreparable loss, harm and injury.
4. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi
Dated: ___ August, 2025
DEPONENT
CNIC # __________________
CELL # __________________
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
APPLICATION UNDER ORDER XXXIX RULE 1 & 2 CPC
READ WITH SECTION 151 C.P.C
For the fact and reasons disclosed in the accompanying
affidavit, it is humbly prayed on behalf of the Petitioner, above
named that this, Honorable Court may graciously be pleased to
restrain the Respondents 2 to 4 from performing official duties
and further to restrain the Respondents from taking any
coercive/adverse action against the Petitioner, till final
adjudication of the instant petition.
Ad interim orders, without notice are solicited in above terms.
Prayer is made in the interest of justice.
Karachi
Dated ___ August, 2025
ADVOCATE FOR THE PETITIONER
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
AFFIDAVIT
I, Muhammad Wasiq Ali Khan S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of House No. 869, Mohalla,
Shah Faisal Colony Karachi, the Petitioner, do hereby state on
oath as under: -
1. I say that being the Petitioner in the captioned matter, hence I am
well conversant with the facts and circumstances of this case.
2. I say that the accompanying injunction application under Order
XXXIX Rule 1 & 2 CPC has been filed on my specific instructions,
the contents whereof may be treated as integral part of this
affidavit for the sake of brevity.
3. I say that I reiterated the contents of main petition, for the sake of
brevity the same are not being reproduced here and the same may
kindly be treated as integral part of this affidavit.
4. I say that the Petitioner has a prima facie case and balance of
convenience also lies in his favor and unless the accompanying
application is allowed, the Petitioner shall suffer irreparable loss,
harm and injury.
5. That whatever has been stated above is true and correct to the
best of my knowledge, belief and information.
Karachi
Dated: _____ August, 2025
DEPONENT
CNIC # __________________
CELL # __________________
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
UNDERTAKING
I, Muhammad Wasiq Ali Khan S/o Muhammad Tahir Ali Khan
Muslim, Adult, Resident of Resident of House No. 869, Mohalla,
Shah Faisal Colony Karachi, the Petitioner, do hereby state on
oath as under: -
1. I say that being the Petitioner in the captioned matter, hence I am
well conversant with the facts and circumstances of this case.
2. I say that this is the first petition and no other petition or any kind
of proceedings have been filed by me before any forum except
this petition.
3. I say that whatever has been stated above is true and correct to
the best of my knowledge, belief and Information.
Karachi:
Dated ___ August, 2025
DEPONENT
CNIC # __________________
CELL # __________________
IN THE HIGH COURT OF SINDH AT KARACHI
[Regular Bench]
C. P. No-D: _________ of 2025
Mr. Wasiq Ali Khan
…………………..................……………Petitioner
VERSUS
The Province of Sindh & Others
………………….……….Respondents
INDEX
Photocopies of:
S# DESCRIPTION ANNEXU PG#
RE
1. Memo of petition
Photocopy of Students
A
Comments/Suggestions
2. Photocopy of complaint, show cause
notice, internal memo and apology
by Petitioner. B
3. Photocopy of Office order
C
4. Photocopy of application, suspension
Order and Reply by petitioner
D
5. Photocopy of applications, Charge E
Sheet and application for providing
time for evidence
F
Photocopy of final show cause notice
6. and suspension order
7. G
Photocopy of reinstated order and
application for using access.
8 Undertaking
9. Urgency Application a/w Affidavit
10 Exemption Application a/w affidavit
11 Stay application a/w affidavit
12 Vakalatnama
Karachi:
Dated: ___ August , 2025
ADVOCATE FOR THE PETITIONER
