MULTAN, March 26: The Multan bench of Lahore High Court stayed proceedings in an honorarium recovery case against a professor of the Bahauddin Zakariya University.

The petitioner, faculty of Islamic studies and languages dean Dr Anwar Ahmad, made the federation of Pakistan through federal education secretary, embassy of Pakistan in Ankara through foreign affairs secretary, federal law department and BZU through its vice-chancellor respondents.

The petitioner, who is a renowned scholar of Urdu language and literature, informed the court that he was selected to teach Urdu at the Ankara University from a panel of two scholars forwarded by the federal minister of education in 1995.

He taught the subject at the university till July 31, 1999. He regretted to continue his job in Turkey due to personal reasons. He requested the education ministry to arrange his repatriation on the completion of his term at the Ankara University.

He said when he approached the Pakistani mission in Ankara, the authorities there directed him to pay $48,693 he had drawn from the university as honorarium before leaving Turkey. The demand of the embassy was though illegal, he deposited $10,000 under protest when threatened that he and his family would not be allowed to leave Turkey till the payment of the amount.

On his return, the education ministry initiated a disciplinary action against him on the instigation of the Pakistan embassy for the recovery of remaining $32,693. Simultaneously, the BZU also launched a separate inquiry against him. At this, he moved the ombudsman to get justice.

The ombudsman after hearing point of view from both sides held in his judgment that it was a case of maladministration on the part of Pakistan embassy in Ankara and education ministry for their actions in this matter which were contrary to rules, arbitrary, unreasonable and oppressive.

The ombudsman observed that the matter of sighing contract by the complainant with the Ankara University and receiving monetary benefits fell under the jurisdiction of the BZU vice-chancellor to look into and he was answerable to the Punjab government. He directed that $10,000 recovered by the embassy, should be shifted to the BZU till the findings of the VC’s inquiry.

The ombudsman had advised the ministry of education to properly inform those selected for foreign service about their obligations under E&D rules and code of conduct. The ministry of foreign affairs was directed to take cognizance of the ambassador’s action to refrain him from taking summary actions in future.

However, to the petitioners surprise the education ministry informed him through a letter he received on January 10 last that on a representation the president of Pakistan set aside the ruling of the ombudsman passed on April 18, 2001, and demanded to deposit $38,693 immediately.

The petitioner challenged the presidential order, contending that it was illegal on the grounds that first it was passed without giving him an opportunity of hearing, and, secondly, Section 32 of the establishment of Wafaqi Mohtasib (ombudsman) Order, 1983, prescribed a period of 30 days for making any representation by an aggrieved person or party to the president against the order of the ombudsman.

The petitioner contended that the education ministry got the presidential order against him without informing the president that the representation was being submitted for his approval after the lapse of more than one year.

The petitioner submitted that the BZU inquiry exonerated him of any charge of misconduct observing that signing of agreements and receiving monthly honorarium against rendering services to any foreign institution by the scholars was an established practice.

He prayed the court that $10,000 recovered from him by the ministry of foreign affairs be reimbursed.

The court admitted the petition for regular hearing after issuing notices to the respondents to submit their replies by April 16.