| Case ID |
230b1012-39de-4a4f-bcbd-90c36ae36f4e |
| Body |
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| Case Number |
Service Appeal No. 331 of 1986 |
| Decision Date |
Aug 25, 1986 |
| Hearing Date |
Aug 10, 1986 |
| Decision |
The appeal was dismissed in limine due to the lack of maintainability. The Tribunal found that the appellant did not exhaust the departmental remedy before appealing to the Tribunal. The appeal was deemed to have been improperly submitted as it was directed to the same authority that had issued the original order. Furthermore, the Tribunal emphasized that the order was a technical matter and did not cause injustice to the appellant. The Tribunal upheld that the Director of Education acted within the law by revoking the promotion during the probationary period without a show-cause notice, as this is permitted under the relevant laws. Therefore, the appeal was dismissed for lack of merit. |
| Summary |
In the case of Service Appeal No. 331 of 1986, the Service Tribunal (AJ&K) addressed the issue of an appeal against the withdrawal of a promotion of a civil servant. The appellant, Khawaja Muhammad Saeed, contested the decision made by the Director of Education, claiming that the reversion was executed without due process. The Tribunal emphasized the necessity to exhaust all departmental remedies before seeking recourse in the Tribunal. The ruling highlighted the legal framework established under the Azad Jammu and Kashmir Service Tribunals Act, 1975, and the Civil Servants Act, which allow for revocation of promotions during the probationary period without notice. The decision reinforced the principles of administrative law and natural justice, ensuring that while procedural fairness is vital, it does not override statutory provisions allowing for administrative discretion. The case illustrates the balance between individual rights and administrative authority, a recurring theme in public service law. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN),
KHAWAJA ABDUS SAMAD (MEMBER),
KHAWAJA GHULAM ABBAS DAR
|
| Lawyers |
Khawaja Muhammad Saeed
|
| Petitioners |
Khawaja Muhammad Saeed
|
| Respondents |
DIRECTOR OF EDUCATION, AZAD JAMMU AND KASHMIR
|
| Citations |
1986 SLD 2410,
1986 PLC 1052
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunals Act, 1975,
Azad Jammu and Kashmir Civil Servants Act, 1976,
Azad Jammu and Kashmir Civil Servants (Appointment and Condition of Service) Rules, 1977
|
| Sections |
4,
5,
10,
7
|