| Case ID |
3cb490cf-4162-430f-83fa-a622e4627eaa |
| Body |
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| Case Number |
Civil Appeal No. 16 of 1997 |
| Decision Date |
May 02, 1997 |
| Hearing Date |
|
| Decision |
The appeal was partly accepted, declaring the allotment in favor of respondent No. 3 as passed without lawful authority and of no legal effect. The court highlighted the procedural errors in the allotment process, emphasizing the need for adherence to the established rules. It was determined that the Secretary Services acted arbitrarily without the requisite authority, resulting in the invalidation of the allotment. Furthermore, the court noted the importance of a systematic approach to government accommodation allotments to prevent future disputes. |
| Summary |
This case revolves around the dispute over the allotment of government accommodation between two civil servants in Azad Jammu and Kashmir. The Supreme Court addressed the procedural flaws in the allotment process, emphasizing the need for compliance with the Azad Jammu and Kashmir Allocation (Accommodation) Rules, 1981. The court found that the Secretary Services had acted beyond his authority, leading to an arbitrary decision that was ultimately declared void. The ruling underscores the importance of establishing a fair and transparent system for the allocation of government housing, which is essential for ensuring justice and equity among civil servants. Key terms such as 'government accommodation', 'allotment rules', and 'civil service regulations' are crucial for understanding the implications of this case. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Election Commission,
Azad Jammu and Kashmir Government
|
| Judges |
Basharat Ahmad Shaikh,
Muhammad Yunus Surakhvi
|
| Lawyers |
Raja Muhammad Hanif Khan,
Kh. Iftikhar Ahmad,
Raja Shiraz Kayani,
Kh. Shahad Ahmad
|
| Petitioners |
Mir Abdul Hamid
|
| Respondents |
2 others,
Azad Government of the State of Jammu and Kashmir through Chief Secretary
|
| Citations |
1997 SLD 969,
1997 PLC 805
|
| Other Citations |
1995 PLC (C.S.) 59
|
| Laws Involved |
Azad Jammu and Kashmir Allocation (Accommodation) Rules, 1981,
Azad Jammu and Kashmir Civil Servants Act, 1976
|
| Sections |
6A(1)(3),
7,
22,
23,
22
|