| Case ID |
e1811f31-87ad-417f-8183-f3b1ecd9de4a |
| Body |
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| Case Number |
Civil Appeal No. 43 of 2001 |
| Decision Date |
Apr 20, 2001 |
| Hearing Date |
Apr 18, 2001 |
| Decision |
The appeal was dismissed with no order as to costs. The order of suspension of transfer passed by the Service Tribunal remains intact, and the case is remanded to the Service Tribunal for further hearing. The Supreme Court emphasized that interim orders should not be interfered with unless there is a clear excess of jurisdiction or patent illegality. The principles of prima facie case, balance of convenience, and irreparable loss were considered in maintaining the Service Tribunal's suspension order. |
| Summary |
This case revolves around the suspension of a transfer order affecting a Junior Teacheress, Nighat Yasmeen Nizami, who appealed against the Service Tribunal's decision to suspend her transfer. The Supreme Court of Azad Jammu and Kashmir deliberated on the powers of the Service Tribunal under the Azad Jammu and Kashmir Service Tribunal Act, particularly focusing on the validity of proceedings conducted by a single member of the tribunal. The Court ruled that interim orders, such as the suspension of transfer, should not be subject to frequent appeals unless a significant legal error is evident. The ruling reinforces the principles that govern temporary relief in administrative matters involving civil servants. The case underscores the importance of following proper procedures in administrative transfers and the need for legal clarity when appealing interim decisions. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
MUHAMMAD YUNUS SURAKHVI, J
|
| Lawyers |
Raja Muhammad Hanif Khan,
M. Tabassum Aftab Alvi
|
| Petitioners |
NIGHAT YASMEEN NIZAMI
|
| Respondents |
,
SHAHEEN MANZOOR
|
| Citations |
2001 SLD 1986,
2001 PLC 963
|
| Other Citations |
1989 CLC 1845,
1994 SCMR 2281,
1999 SCMR 1447,
1992 SCMR 1847
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
6(5),
4,
42,
47
|