| Case ID |
eaf95a36-3d6a-43ed-9f86-923f671906b5 |
| Body |
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| Case Number |
Service Appeal No. 638 of 1992 |
| Decision Date |
Mar 19, 1994 |
| Hearing Date |
|
| Decision |
The appeal is accepted, reversing the annulment of Hafiz Noor Muhammad's appointment. The court found that the process followed to annul the appointment was unlawful and violated the principles of natural justice. The appellant was not given an opportunity to be heard, and the decision was made without proper authority. Consequently, the court restored the appellant to his original post with all subsequent benefits. |
| Summary |
This case involves the appeal of Hafiz Noor Muhammad against the annulment of his appointment as Qari by the Azad Government of the State of Jammu and Kashmir. The Service Tribunal ruled that the annulment process was flawed, lacking proper authority and violating natural justice principles. The court emphasized that appointments made by competent authorities cannot be revoked without due process, and the appellant was entitled to a fair hearing. The ruling reinstated the appellant, highlighting the importance of lawful administrative procedures in civil service appointments. This case underscores the necessity for transparency and adherence to established protocols in government operations, ensuring that civil servants' rights are protected. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
|
| Judges |
RAJA BASHIR AHMAD KHAN (CHAIRMAN),
KHAWAJA ABDUL HAMEED (MEMBER)
|
| Lawyers |
Sardar Rafique Mahmood,
Kh. Abdus Samad,
Ch. Ibrahim Zia,
Raja Sher Muhammad Khan
|
| Petitioners |
Hafiz NOOR MUHAMMAD
|
| Respondents |
Respondent No. 3,
Respondent No. 4,
Respondent No. 5,
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
|
| Citations |
1994 SLD 950 = 1994 PLC 1316
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1991
|
| Sections |
4,
5
|