| Case ID |
00c5e6ba-3d24-4f63-a4cd-888d4da64e0a |
| Body |
View case body. Login to View |
| Case Number |
Service Appeal No. 37 of 1976 |
| Decision Date |
Jan 26, 1977 |
| Hearing Date |
|
| Decision |
The Service Tribunal of Azad Jammu & Kashmir accepted Abdul Majid's appeal, vacating the impugned order dated 5-9-1974. The Tribunal found that the Departmental authority failed to conduct a proper enquiry as mandated by the Azad Jammu & Kashmir Service Tribunals Act, 1975, and the Public Servants Enquiry Act. Consequently, the appellant was entitled to reinstatement and a fresh, lawful enquiry should be conducted to ensure due process was followed. |
| Summary |
In the pivotal case of 1977 SLD 1556 and 1977 PLC 152, Service Appeal No. 37 of 1976 was adjudicated by the Service Tribunal of Azad Jammu & Kashmir on January 26, 1977. The appellant, Abdul Majid, challenged his suspension on allegations of timber smuggling, asserting procedural flaws and lack of a proper enquiry in accordance with the Azad Jammu & Kashmir Service Tribunals Act, 1975, and the Public Servants Enquiry Act. Presided over by Chairman Malik Muhammad Aslam Khan and Member Kh. Abdas Samad, the Tribunal meticulously examined the sections of the involved laws, specifically Sections 3, 4, 8, and 9 of the Service Tribunals Act. The Tribunal concluded that the Departmental authority, represented by the D.F.O. Soil Conservation Bhimber and others, failed to adhere to the legal requirements for conducting a fair enquiry. The appellant's delay in filing the appeal by four days was condoned based on a valid affidavit citing personal bereavements, aligning with Section 9 of the Act. Furthermore, the Tribunal rejected the respondents' argument that prior representation to the departmental authority was mandatory under Section 4, establishing the independent jurisdiction of appeals under Section 8. The decision emphasized the necessity for transparent and lawful procedures in administrative actions against civil servants, reinforcing the principles of administrative justice and due process in Azad Jammu & Kashmir's legal framework. By vacating the impugned order, the Tribunal mandated Abdul Majid's reinstatement and ordered a fresh enquiry, underscoring the protection of employees' rights against arbitrary departmental decisions. This case serves as a significant reference in service law, highlighting the critical role of specialized tribunals in ensuring fair treatment and adherence to statutory procedures within the civil service. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Service Tribunal (AJ&K),
Government of Azad J & K,
Conservator of Forests,
D.F.O. Soil Conservation Bhimber,
S.D.M, Bhimber,
D.F.O., Mirpur,
Sub-Judge, Bhimber
|
| Judges |
MALIK MUHAMMAD ASLAM KHAN,
KH. ABDAS SAMAD
|
| Lawyers |
A. Farooqui,
Karamat Din Shah Gilani
|
| Petitioners |
ABDUL MAJID
|
| Respondents |
GOVERNMENT OF AZAD J & K THROUGH CHIEF SECRETARY, ETC.
|
| Citations |
1977 SLD 1556,
1977 PLC 152
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu & Kashmir Service Tribunals Act, 1975,
Public Servants Enquiry Act
|
| Sections |
3,
4,
9,
8,
32
|