Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Maintainability---Alternate remedy---Civil service---Suspension of employee---Petitioner was suspended by the Chairman Board of Intermediate Secondary Education---Chairman of the Board ordered for initiation of departmental inquiry against the petitioner---Petitioner challenged his suspension and order of departmental inquiry being without lawful authority---Validity---No final order had been passed against the petitioner---Petitioner had a right of appeal, if any penalty was imposed upon him---Petitioner was entitled to file an appeal against his suspension order before Authority of Board but he did not file the same---Writ petition lay where there was total absence of jurisdiction but if there was an adequate remedy available then writ petition did not lie---Writ petition was dismissed. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Maintainability---Civil service---Quashing of criminal proceedings---Jurisdiction of High Court---Scope---Ehtesab Bureau found the Masters degree of petitioner as bogus---Ehtesab Bureau had initiated criminal proceedings against the petitioner---Petitioner challenged initiation of criminal proceedings before High Court---Validity---Matter was under investigation before the Ehtesab Bureau---High Court had no jurisdiction to quash criminal proceedings at the stage of investigation---High Court, in exercise of writ jurisdiction was not competent to assume the role of investigation agency or trial court to give verdict as to whether accused person committed an offence or not---Writ petition was dismissed. 2002 MLD 1250 rel. (c) Administration of justice--- ----Proceedings regarding criminal and civil liabilitieSCould be initiated side by side against the same person. ORDER MUNIR AHMED CHAUDHARY, J.--- This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which the orders of suspension and constitution of inquiry committee by the authorities of Board of Intermediate and Secondary Education Mirpur against the petitioner have…

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