| Case ID |
2aeeddd2-8c17-449e-b3a6-704a89cf2100 |
| Body |
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| Case Number |
Writ Petition No. 20 of 2015 |
| Decision Date |
Jan 05, 2015 |
| Hearing Date |
|
| Decision |
The writ petition filed by the petitioner, a civil servant, was dismissed due to lack of substantiation regarding the cancellation of his transfer order. The court found that the petitioner had not provided any proof of proceedings initiated against him, and his claims were based solely on apprehensions without any documentary evidence. The court emphasized that a writ petition cannot be initiated on anticipatory grounds and that the petitioner had an alternate remedy available through an appeal against the transfer order under the applicable government policies. |
| Summary |
In the case of Writ Petition No. 20 of 2015, the High Court of Azad Jammu and Kashmir dealt with the maintainability of a writ petition filed by a civil servant challenging the cancellation of his transfer order. The court highlighted that the petitioner, SAEED AHMED QURASHI, had not provided any concrete evidence to support his claims of impending cancellation of his transfer, which was issued under the Azad Jammu and Kashmir Interim Constitution Act, 1974. The court ruled that the petitioner's fears were based merely on conjecture and that he had an alternative legal remedy available to address his grievances. The decision underscores the importance of providing substantial evidence in legal petitions and the limits of anticipatory relief. The ruling reinforces the procedural requirements for civil service disputes, emphasizing the need for documented proof when challenging administrative decisions. This case is significant in understanding the legal framework governing civil service positions and the appropriate channels for addressing grievances in the context of public service employment. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
M. TABASSUM AFTAB ALVI, J
|
| Lawyers |
Raja Majid Khan
|
| Petitioners |
SAEED AHMED QURASHI
|
| Respondents |
AZAD GOVERNMENT through Chief Secretary, Muzaffarabad and 3 others
|
| Citations |
2015 SLD 3047,
2015 PLC 977
|
| Other Citations |
Muhammad Shafi and another v. Ch. Ilam-ud-Din and others 1968 SCMR 317,
Muhammad Asaf v. Small Business Finance Corporation through Branch Manager, Lahore Cantt. and 7 others 2001 YLR 1891
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
44
|