Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001--- ----S. 5---Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), S.4---Azad Jammu and Kashmir Civil Servants Act (VI of 1976), S.15---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Appointments in Forest Department on different posts alleged to have been made without advertisement, test, interview and adopting selection process---Notification issued by Government to initiate disciplinary proceedings against petitioners under Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001---Validity---Petitioners were civil servants, against whom no adverse order had been passed by competent authority---Petitioners had an opportunity to repudiate allegations before Inquiry Officer by placing their defence taken in writ petition---Disciplinary proceedings could not be challenged in writ jurisdiction---Disciplinary proceedings falling under S.15 of Azad Jammu and Kashmir Civil Servants Act, 1976 included in terms and conditions of civil servants, which could not be challenged in writ jurisdiction---Petitioners could challenge adverse order, if passed by competent authority, before Service Tribunal---High Court dismissed writ petition in circumstances. Karachi Transport Workers Union v. Karachi Transport Corporation Ltd. and others 1987 PLC 456; The Accountant General and others v. Zaman Hussain Khan 1998 PLC (C.S.) 431 and Qazi Muhammad Suleman and 5 others v. AJK Government and 2 others 2002 PLC (C.S.) 769 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction of High Court---Scope---Disciplinary proceedings against civil servant, initiation of---Such proceedings could not be challenged in writ jurisdiction. Karachi Transport Workers Union v. Karachi Transport Corporation Ltd. and others 1987 PLC 456 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Impugned order pertaining to terms and conditions of civil servant---Writ jurisdiction of High Court---Scope---Such order could not be challenged in writ jurisdiction. The…

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