| Case ID |
38f9ffc0-d57a-4499-8488-78aec9d2017f |
| Body |
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| Case Number |
Writ Petitions Nos. 29, 30 of 1995 and 31 of 1997 |
| Decision Date |
Jan 07, 1998 |
| Hearing Date |
|
| Decision |
The court ruled that the provisions of law barring the right of appeal to the Service Tribunal are unconstitutional. The reasoning was based on the assertion that civil servants should not be denied access to a judicial remedy in a timely manner. The decision emphasizes the importance of ensuring that justice is not only done but also seen to be done, particularly in cases where civil servants are affected by adverse orders. The court directed that the representation of the petitioner dated 8-5-1989 be decided within three months of the order. |
| Summary |
This case revolves around the jurisdiction of the Azad Jammu and Kashmir Service Tribunal and the High Court's role in adjudicating civil service disputes. The court evaluated the provisions of the Azad Jammu and Kashmir Interim Constitution Act, Service Tribunal Act, and Civil Servants Act, particularly focusing on the rights of civil servants to appeal adverse decisions. The ruling highlighted that administrative remedies should not obstruct access to judicial review and affirmed that civil servants have the right to seek timely redress. The case is significant as it addresses fundamental principles of justice and the rights of government employees in Azad Jammu and Kashmir, ensuring that they are protected against arbitrary administrative actions. Keywords include 'civil service rights', 'judicial review', 'administrative justice', 'Azad Jammu and Kashmir law', and 'Service Tribunal jurisdiction'. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED MANZOOR HUSSAIN GILLANI, J
|
| Lawyers |
Ghulam Mustafa Mughal for Petitioner (in Petitions Nos. 29 and 30 of 1995),
Ashfaque Hussain Kiani for Petitioner (in Petition No. 276 of 1997),
Advocate-General and Additional Advocate-General for Respondents
|
| Petitioners |
others,
Kh. ABDUL QAYYUM
|
| Respondents |
AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary
|
| Citations |
1998 SLD 1584,
1998 PLC 1321
|
| Other Citations |
PLD 1991 SC (AJ&K) 57,
1998 PLC (C.S.) 431,
1995 PLC (C.S.) 182,
1998 PLC (C.S.) 425,
1998 CLC 783,
1994 PLC (C.S.) 1514,
PLD 1971 SC 61
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir Service Tribunal Act, 1975,
Azad Jammu and Kashmir Civil Servants Act, 1976
|
| Sections |
47,
44,
4,
21
|