| Case ID |
735c9695-b8bd-46ba-94dd-f4cd072dbc45 |
| Body |
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| Case Number |
Civil Appeal No.35 of 2011 |
| Decision Date |
Dec 10, 2012 |
| Hearing Date |
|
| Decision |
The appeal was accepted as the compulsory retirement of the appellant was deemed invalid due to the lack of due process. The court found that the authority did not follow the proper legal procedures before imposing the punishment of compulsory retirement. The appellant was not given any show-cause notice nor was there an inquiry conducted as required by the applicable laws. Therefore, the order of compulsory retirement was set aside, and the appellant was deemed reinstated in service. |
| Summary |
In this landmark case heard by the Supreme Court of Azad Jammu and Kashmir, the issue revolved around the compulsory retirement of an employee serving as Naib Qasid in the Local Government and Rural Development Department. The court addressed significant legal principles regarding the rights of civil servants, specifically focusing on the required legal procedures for imposing major penalties such as compulsory retirement. The court underscored that such actions cannot be taken without due process, highlighting the necessity of issuing show-cause notices and conducting inquiries as mandated by the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, and the Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001. As a result, the court ruled in favor of the appellant, reinstating him in service and emphasizing the importance of protecting civil servants' rights against arbitrary actions. This case serves as a critical reference for understanding civil service laws and the procedural safeguards in place to protect employees from unjust treatment. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Local Government and Rural Development Department
|
| Judges |
CH. MUHAMMAD IBRAHIM ZIA,
RAJA SAEED AKRAM KHAN
|
| Lawyers |
Mushtaq Ahmed Janjua,
Sardar Abdul Sammie Khan
|
| Petitioners |
MUHAMMAD YOUSAF CHOUDHRY
|
| Respondents |
,
DIRECTOR-GENERAL, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
|
| Citations |
2013 SLD 1877,
2013 PLC 844
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977,
Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001
|
| Sections |
R. 4(1)(b)(ii),
Ss.3(1)(F),
S.5
|