| Citation(s) |
|---|
| 2001 SLG 2440 2001 SLD 2440 2001 CLC 770 |
Supreme Court (AJ&K)
Civil Appeal No. 176 of 2000, decision dated: 15-01-2001.(On appeal from the judgment of the High Court, dated 28-6-2000 in Writ Petition No.321 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
M. Tabassum Aftab Alvi, Advocate for Appellant. Ghulam Mustafa Mughal, Advocate and Kh. Attaullah, Additional Advocate General for
Respondents
Civil Appeal No. 176 of 2000, decision dated: 15-01-2001.(On appeal from the judgment of the High Court, dated 28-6-2000 in Writ Petition No.321 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
M. Tabassum Aftab Alvi, Advocate for Appellant. Ghulam Mustafa Mughal, Advocate and Kh. Attaullah, Additional Advocate General for
Respondents
SAGHIR AHMED MUGHAL
VS
MUNAWAR HUSSAIN and 4 others
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 44 & 47---Civil service---Appointment---Appointment order whereby respondent was directly appointed was challenged by petitioner in writ petition---Authorities in its written statement had stated that appointment order of the respondent had been withdrawn by notification and that services of respondent had been terminated---Said notification was not challenged by respondent---Subsequently, summary was submitted to the Government by Authority for cancellation of said notification---Petitioner in his writ petition had prayed that notification should not be revoked---Authority having undertaken not to cancel notification, mere fact that a summary was processed by the Authority apprehending that petitioner might be adversely affected, writ of prohibition, should not have been issued by High Court. Mahmood-ur-Rehman v. Atta Ullah Atta and 3 others PLD 1998 SC (AJ&K) 1 and Azad Jammu and Kashmir University and another v. Muhammad Malik and others 1998 CLC 783 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ, issuance of---Writ could only be issued on the application of aggrieved person directing a person or local authority to refrain from doing an act which was not permitted by law to do. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44(2)(a)(ii)---Writ petition---"Act done" or "proceedings taken"--Meaning of---If a letter or notice was issued without lawful authority, same could be termed as "act done" or "proceedings taken" within the meaning of S.44(2)(a)(ii) of Azad Jammu and Kashmir Interim Constitution Act, 1974 and a declaration that it was of no legal effect could be given. (d) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 42---Leave to appeal before Supreme Court---Plea though was raised in the written statement, but same was not argued before High Court---If the point had been argued before the High Court and not resolved, it was enjoined upon the appellant to file an affidavit in support of his petition for leave to appeal before Supreme Court. (e) Azad Jammu and Kashmir…
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