| Case ID |
37fbc3a2-72c8-4842-9c96-e60c26f9a767 |
| Body |
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| Case Number |
Civil Appeal No. 50 of 1992 |
| Decision Date |
Apr 15, 1993 |
| Hearing Date |
Feb 13, 1993 |
| Decision |
The Supreme Court of Azad Jammu and Kashmir dismissed the appeal of the appellant, a civil servant removed from service for misconduct, including submitting fictitious progress reports. The court held that the inquiry conducted was valid as the facts were admitted, negating the need for witness examination. The court emphasized that a civil servant must not follow illegal orders from superiors, especially if they involve fraud. The penalty of removal from service was deemed appropriate and legal, as it was a lesser punishment compared to dismissal. |
| Summary |
In the case of Sardar Said Muhammad Khan v. Azad Government of the State of J&K, the Supreme Court examined the dismissal of a civil servant accused of misconduct, including submitting fictitious reports. The court ruled that the inquiry process was sufficient given the admitted facts, and reiterated that civil servants must not comply with illegal directives. The judgment highlighted the legal framework governing civil service conduct and disciplinary actions, affirming the validity of the penalties imposed under the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977. The case serves as a critical reference for the principles of administrative law and civil service regulations within the region, emphasizing accountability and adherence to lawful conduct in public service. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Ashfaque Hussain Kiani,
Sardar Muhammad Sadiq Khan
|
| Petitioners |
MASUD HAIDER KIANI
|
| Respondents |
2 others,
AZAD GOVERNMENT OF THE STATE OF J&K
|
| Citations |
1993 SLD 1505,
1993 PLC 783
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
6,
7,
47
|