| Case ID |
d550d6db-1f28-4bb8-accf-4de2c3a7ec2c |
| Body |
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| Case Number |
Civil Appeal No. 8 of 1992 |
| Decision Date |
Nov 02, 1992 |
| Hearing Date |
Jul 05, 1992 |
| Decision |
The Supreme Court ruled that the appeal was maintainable despite the jurisdictional objections raised for the first time in this Court. The Court clarified that parties can raise law points of public importance or jurisdictional issues even if not raised in the High Court. The Court emphasized that any authority capable of making orders regarding civil servants' terms and conditions is considered a 'departmental authority'. The Court reversed the High Court's decision, stating that the order for recovery of overpayment was valid and that the Service Tribunal had jurisdiction to entertain the appeal. The High Court's jurisdiction was deemed ousted in matters concerning civil servants' terms and conditions. |
| Summary |
In the case of The Accountant General, Azad Jammu and Kashmir vs Zaman Hussain Khan, the Supreme Court of Azad Jammu and Kashmir addressed critical issues concerning the jurisdiction of the courts and the definitions of 'departmental authority' under the Azad Jammu and Kashmir Service Tribunal Act, 1975. The appeal arose from a High Court decision that favored Zaman Hussain Khan, a civil servant who contested the recovery of overpayments made to him by the District Accounts Officer based on an audit objection. The Supreme Court held that even if jurisdictional issues were not raised initially, they could still be addressed at the Supreme Court level. The Court emphasized the importance of the Service Tribunal's authority in adjudicating matters related to civil servants' service conditions. This case highlights the broader implications for civil servant protections and the procedural frameworks governing administrative decisions. The decision underscores the significance of legal representation in administrative matters and the necessity for clear definitions within legal statutes, ensuring civil servants' rights are upheld. The ruling is essential for understanding the interplay between administrative authority and judicial oversight in the context of civil service law in Azad Jammu and Kashmir. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Accountant General, Azad Jammu and Kashmir,
District Accounts Officer, Kotli,
District Accounts Officer, Bagh
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Sardar Rafique Mahmood Khan,
Syed Nazir Hussain Shah Kazmi
|
| Petitioners |
THE ACCOUNTANT GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD and 4 others
|
| Respondents |
ZAMAN HUSSAIN KHAN
|
| Citations |
1993 SLD 1239,
1993 PLC 268
|
| Other Citations |
Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545,
State v. Ziaur Rehman PLD 1973 SC 49,
Federation of Pakistan v. Saeed Ahmad Khan PLD 1974 SC 151,
Maharaj Kumar Bindeswari Prosad Singh v. Thakur Lakpat Nath Singh and others 8 IC 26,
Jwala Prasad v. Salik Ram ILR 13 All. 575,
Ranjit Missir v. Ramudar Singh 16 IC 940,
Gangadhar Karmakar and others v. Shekharbasini Dasya and others AIR 1917 Cal. 320,
Bandirami Mockerjee v. Purna Chandra Roy ILR 45 Cal. 926,
Wajudi Pramanik v. Muhamed Balai Norul AIR 1925 Cal. 1032,
Janardhan Reddy and others v. State of Hyderabad and others AIR 1951 SC 217,
Muhammad Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22,
Waqar Ali Shaikh v. Islamic Republic of Pakistan PLD 1980 SC 42,
Mujeebullah Aijaz v. Director-General, Telephone and Telegraph Department PLD 1980 Quetta 58,
Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290,
Afral Hussain Syed v. Government of Punjab PLD 1980 Lah. 697,
Shahid Ahmad Khan v. Inspector-General of Police 1986 PLC (C.S.) 426,
Dr. Raja Manzoor Elahi v. North-Western Frontier Province PLD 1980 Pesh. 81,
Mian Amanul Mulk v. N.-W.F.P. PLD 1981 Pesh. 1,
Gulsher Khan v. Province of West Pakistan PLD 1975 Lah. 722,
Muhammad Ismail v. Province of Punjab 1979 SCMR 498,
Mohibullah v. Federation of Pakistan PLD 1975 Lah. 813,
M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22,
Accountant-General v. Qadir Bakhsh PLD 1983 Lah. 246,
Iftikhar Alam v. Province of Punjab 1991 CLC 2004 ref.
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act,
Azad Jammu and Kashmir Service Tribunal Act, 1975,
Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977
|
| Sections |
42,
44,
4,
3,
4
|