| Case ID |
19f4dd20-08b1-4611-8607-c43cbf19eb96 |
| Body |
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| Case Number |
Service Appeal No. 603 of 1992 |
| Decision Date |
Sep 14, 1994 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as there was no merit in the case presented by the appellant, ABDUL MALIK. The Revenue Secretary's decision to set aside the Commissioner's order was upheld due to the fact that the post against which the lien of the appellant was shifted was occupied by another civil servant, thus making the shifting of the lien improper without safeguarding the rights of the current occupant. The appellant had failed to challenge the appointment of the respondent effectively. Therefore, the decision of the Secretary Revenue was found to be justified, and the appeal was dismissed without costs. |
| Summary |
This case revolves around the appointment and shifting of lien within the civil service framework, specifically concerning the positions of 'Patwari' and 'Girdawar'. The appellant, ABDUL MALIK, claimed that his lien was improperly shifted to a post that was not vacant. The court found that the shifting took place without due process, as the post was already occupied. The decision emphasized the importance of safeguarding the rights of existing employees during such administrative actions. This case highlights critical issues in civil service appointments, administrative processes, and the legal protections available to civil servants. Keywords such as 'civil service', 'appointment', 'administrative law', and 'employment rights' are essential in understanding the implications of this case. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA BASHIR AHMAD KHAN,
KHAWAJA ABDUL HAMEED
|
| Lawyers |
Sher Zaman Awan
|
| Petitioners |
ABDUL MALIK
|
| Respondents |
,
SECRETARY, REVENUE DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD
|
| Citations |
1995 SLD 1161,
1995 PLC 314
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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