| Case ID |
5c857020-23c3-4a80-9f2e-cc1566e1e6ac |
| Body |
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| Case Number |
Appeal No. 76 of 1976 |
| Decision Date |
Jun 16, 1980 |
| Hearing Date |
Aug 06, 1978 |
| Decision |
The Tribunal dismissed the appeal of Malik Rehmat Din against the order dated 16-2-1978, which rejected his appeal against the reversion order dated 18-7-1960. The Tribunal found that the appeal was misconceived and incompetent as it did not challenge the original order of reversion. Furthermore, the Tribunal determined that the appeal was barred under the proviso (c) to section 4 of the Service Tribunals Act, 1975, which prohibits appeals against orders made before July 1, 1969. The decision emphasized that the appellant had not pursued the correct legal remedies in a timely manner and that the Prime Minister's order promoting him had never been formally issued as a government order, thus failing to confer any enforceable right upon him. |
| Summary |
This case revolves around the appeal of Malik Rehmat Din against the decision of the Azad Kashmir Government regarding his reversion from Assistant Sub-Inspector to Head Constable in 1960. The case highlights the complexities of administrative law and the rights of civil servants under the Azad Jammu & Kashmir Service Tribunals Act, 1975. Key issues include the validity of the reversion order, the procedural fairness of subsequent inquiries, and the implications of the Prime Minister's order that aimed to restore his position. The Tribunal's decision underscores the importance of adhering to legal protocols in appeals and the necessity for timely action in seeking redress for grievances. The case is significant for civil service law in the region, illustrating the challenges faced by civil servants in navigating administrative decisions and their rights to appeal. Legal practitioners should take note of the precedents set in this case regarding the appeal process and the interpretation of service regulations. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD ASHRAF KHAN,
KH. GHULAM QADIR
|
| Lawyers |
Not available
|
| Petitioners |
Malik Rehmat Din
|
| Respondents |
Another,
Azad Kashmir Government
|
| Citations |
1980 SLD 1411,
1980 PLC 400
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu & Kashmir Service Tribunals Act, 1975
|
| Sections |
4
|