Humayun Khan
PESHAWAR: Justice Syed Arshad Ali of Peshawar High Court (PHC) ordered constitution of two-members committee for operation of teacher’s community center and PUTA hall as well as to submit monthly financial report before court till disposal of petition.
The judgement stated that Peshawar University Teachers Association (PUTA) has challenged the judgment order of the learned Additional District Judge-XVII dated 11.02.2023. The decision of the Senate of the university passed in its 133 meeting whereby; “it was decided that the income of Teachers Community Center (TCC) and allied facilities shall be credited to the university fund instead of any other account and the university shall reflect the income as well as expenditure therefrom in the annual budget for the financial year 2022.
During hearing, PUTA’s lawyer Saif Mohibullah Kakakhel Advocate, UOP counsel Wasim-u-Din Khattak and legal Officer Riaz Ali Khan appeared before PHC. This decision has aggrieved the PUTA to file a civil suit before civil court at Peshawar. The learned trial court while finally deciding the request of the petitioner for temporary injunction has allowed the same, however, the said order was reversed by the learned appeal court on the appeal of the Peshawar University/respondent.
This case was argued at considerable length on 20.03.2023 and on the said date, when both the parties were asked whether it would not be in fitness of the case that as temporary arrangement a receiver/manager be appointed with the consensus of the parties with TORs. Today, both the parties have filed application/consensus for appointment of Manager at PUTA Peshawar University.
The petitioner has given Dr. Amjad Amin Finance Secretary PUTA a member for the proposed committee for operations of TCCs and other facilities while UOP has nominated Mazhar Ullah Additional Treasurer. The committee will operate and sustain TCC account No.9077-6 at National Bank Pakistan, University Campus Branch.
PHC has disposed of the petition on the ground that Dr. Amjad Amin, Finance Secretary, PUTA and Mazhar Ullah, Additional Treasurer, University of Peshawar are jointly appointed as managers/receivers for running day to day affairs. The aforesaid account shall be operated through joint signatures of both the managers.
The relevant bank shall be accordingly informed. ii. The managers will be responsible for overall supervision of TCC and the allied facilities. They will perform their duties to the best of their abilities but in the interest of TCC and University of Peshawar. All the amounts, profits, sums received in the name of TCC shall be deposited aforesaid account.
The judgement ordered that both the managers shall provide monthly reconciliatory statement of the account before the trial court on monthly basis.
The aforesaid arrangements will be subject to the final judgment of the learned trial court and both the managers are expected to perform their duties honestly, however, if any party is aggrieved by any decision of the managers or in case there is dispute between the managers in respect of any issue, the same shall be 4 referred to the learned trial court whose decision in the matter shall be then enforceable.
The learned trial court is expected to decide the case within 04 months being an urgent matter.
