| Case ID |
0bf105ac-524d-4853-aaa5-fb9914de96a9 |
| Body |
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| Case Number |
Civil Appeal No. 80 of 2018 |
| Decision Date |
Nov 15, 2018 |
| Hearing Date |
Nov 12, 2018 |
| Decision |
The Supreme Court (AJ&K) dismissed the appeal filed by Raja Saeed Akram Khan, upholding the decision of the High Court dated 08.03.2018, which set aside the appointment order of the appellant dated 19.08.2015. The Court found that the appointment was made without a vacant post and without following the prescribed legal procedures, thereby violating fundamental rights and statutory provisions. The Court emphasized the importance of adhering to proper appointment processes, including advertisement and vacancy confirmation, before making any appointments. Consequently, the appellant's appointment was deemed illegal, and the High Court's decision to set it aside was affirmed. |
| Summary |
In the landmark Civil Appeal No. 80 of 2018, the Supreme Court of Azad Jammu and Kashmir (AJ&K) deliberated on the legality of the appointment of Raja Saeed Akram Khan as a Primary Teacher (B-7). The appellant challenged the decision of the High Court, which had set aside his appointment due to procedural irregularities. The Supreme Court meticulously examined the case, highlighting that the appointment was made without confirming the vacancy of the post and without proper advertisement, as mandated by the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977. The Court underscored the violation of fundamental rights and the necessity of following due process in public service appointments. Additionally, the Court addressed the arguments presented by the appellant's counsel, who claimed that the writ petition was filed with mala fide intentions. However, the Supreme Court found these arguments unsubstantiated and emphasized the importance of maintaining transparency and fairness in public appointments. Citing relevant case laws such as Muhammad Altaf Khan vs. Faisal Anwar & others and Amjad Ali Khokhar vs. Chief Engineer and others, the Court reinforced the principle that appointments must adhere to established legal frameworks to ensure meritocracy and prevent favoritism. The decision not only upheld the High Court's verdict but also set a precedent for future cases involving administrative appointments in AJ&K. This ruling is pivotal for legal practitioners and civil servants, emphasizing the judiciary's role in upholding legal integrity and safeguarding public interest. The case highlights the critical aspects of administrative law, procedural justice, and the enforcement of constitutional provisions in ensuring that public appointments are conducted fairly and transparently. Legal experts and stakeholders in public administration should note the Court's reaffirmation of procedural compliance, which serves as a deterrent against arbitrary appointments and fosters a culture of accountability within public institutions. This judgment is a significant contribution to the body of case law in AJ&K, offering clear directives on the necessity of vacancy verification and proper advertisement before making any public service appointments, thereby reinforcing the rule of law and promoting good governance practices. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Muzaffarabad,
RAJA SAEED AKRAM KHAN,
NAZAKAT ASHRAF AND OTHERS,
District Education Officer (Male)
|
| Judges |
RAJA SAEED AKRAM KHAN,
JUSTICE GHULAM MUSTAFA MUGHAL,
JUSTICE MUHAMMAD SABIR KHAN
|
| Lawyers |
Ch. Amjad Ali
|
| Petitioners |
RAJA SAEED AKRAM KHAN
|
| Respondents |
NAZAKAT ASHRAF AND OTHERS
|
| Citations |
2019 SLD 2344,
2019 PLJ 42
|
| Other Citations |
Muhammad Altaf Khan vs. Faisal Anwar & others (Civil Appeal No. 40/2017, decided 3.04.2018),
Amjad Ali Khokhar vs. Chief Engineer and 3 others [2017 SCR 87],
Muhammad Altaf Khan vs. Khalid Maqbool & 7 others [2016 SCR 747]
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977
|
| Sections |
42(11),
17
|