| Case ID |
03ee7360-8b6d-4922-be12-42251eb7879c |
| Body |
View case body. Login to View |
| Case Number |
Service Appeal No. 528 of 1991 |
| Decision Date |
Jul 31, 1991 |
| Hearing Date |
|
| Decision |
The Service Tribunal determined that the appeal filed by Meer Zaman was time-barred as it was submitted more than a year after the final order of the departmental appeal. The Tribunal upheld the validity of the authority acting as the Authorized Officer, asserting that the functions of the Authority and the Authorized Officer, while distinct, could overlap in the absence of the designated officer. The Tribunal emphasized that it lacked the power to strike down rules deemed to violate natural justice principles as it was bound by the provisions of the Azad Jammu and Kashmir Service Tribunals Act, 1975. The Tribunal concluded that the chance of personal hearing provided to the civil servant instead of a show-cause notice was valid and did not constitute a violation of the Efficiency and Discipline Rules, 1977. |
| Summary |
This case revolves around the appeal of Meer Zaman against the Azad Government of the State of Jammu and Kashmir concerning the application of the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, and the Azad Jammu and Kashmir Service Tribunals Act, 1975. The Tribunal addressed issues of authority, the validity of procedural rules, and the implications of natural justice in administrative proceedings. The ruling highlighted the importance of adhering to limitation periods for appeals and clarified the roles of various authorities in disciplinary matters. Legal practitioners and civil servants should note the Tribunal's stance on the overlap of responsibilities and the necessity for timely appeals in administrative law. This case is significant for understanding the application of service rules and the limitations imposed by procedural laws in the context of civil service governance in Azad Jammu and Kashmir. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sajawal Khan,
Raja Muhammad Ashraf Kayani
|
| Lawyers |
Kh. Abdus Samad,
Mushtaq Farooq
|
| Petitioners |
Meer Zaman
|
| Respondents |
3 others,
Azad Government of the State of Jammu and Kashmir
|
| Citations |
1992 SLD 1181,
1992 PLC 1238
|
| Other Citations |
AIR 1927 Lahore 186
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977,
Azad Jammu and Kashmir Service Tribunals Act, 1975
|
| Sections |
R. 2 (1) (c),
S. 4,
S. 5
|