| Case ID |
15a49852-6d8c-407c-be03-bf2cbf52ca1f |
| Body |
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| Case Number |
Writ Petitions Nos. 1968 and 2440 of 2016 |
| Decision Date |
Nov 16, 2018 |
| Hearing Date |
|
| Decision |
The High Court of Azad Jammu and Kashmir reviewed the termination of services of the petitioners under the Azad Jammu and Kashmir Rural Support Programme Employees Service Rules, 2009. The court found that the authorities had failed to follow the prescribed procedures for termination, particularly regarding the establishment of allegations of misconduct. The inquiry committee was not functional, and no investigation took place. Therefore, the termination of Saqib Saleem was ruled unlawful and subsequently set aside. In contrast, the court dismissed the petition for Yasir Rafique and others, affirming that the organization had the authority to terminate employees due to financial constraints, following the appropriate notice period stipulated in the rules. |
| Summary |
This case revolves around the termination of employees from the Azad Jammu and Kashmir Rural Support Programme (AJKRSP) under the Employees Service Rules, 2009. The petitioners challenged their dismissals, asserting that the procedures for termination were not properly followed. The court scrutinized the allegations of misconduct against Saqib Saleem, highlighting the lack of a functional inquiry committee and the absence of any substantiated findings against him. The ruling emphasized the necessity for organizations to adhere to established procedures in employee termination cases, particularly when allegations of misconduct are involved. The decision underscored the balance between organizational financial constraints and employee rights, ultimately leading to the reinstatement of one petitioner while dismissing the claims of others. This case highlights crucial aspects of employment law and the importance of procedural fairness in organizational governance. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Rural Support Programme
|
| Judges |
AZHAR SALEEM BABAR
|
| Lawyers |
Syed Ashfaq Hussain Kazmi,
Muhammad Yaqoob Khan Mughal
|
| Petitioners |
Saqib Saleem,
Haroon Rasheed
|
| Respondents |
CHAIRMAN AJKRSP,
PRIME MINISTER OF AZAD JAMMU AND KASHMIR THROUGH SPECIAL SECRETARY AND OTHERS
|
| Citations |
2019 SLD 3121 = 2019 PLC 1316
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Rural Support Programme Employees Service Rules, 2009
|
| Sections |
8,
8.06,
8.08,
15.2
|