Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R.32(2)---Writ petition---Maintainability---Civil service-Show-cause notice, issuance of---Scope---Petitioner had failed to append certified copy of impugned show-cause notice with the writ petition---Such writ petition was bad in law---Writ petition against show-cause notice issued by the competent authority was not maintainable---Petition was dismissed in limine, however, petitioner would be at liberty to place his defence before the competent authority as per law. Azad Jammu and Kashmir University and another v. Muhammad Malik and others 1995 SCR 231 ref. Shaheen Asad v. Azfar Yaseen and 4 others 2000 SCR 308 rel. ORDER M. TABASSUM AFTAB ALVI, J.--- The supra titled writ petition has been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby following relief is solicited by petitioner:--- "It is, therefore, most humbly prayed that by accepting this writ petition, an appropriate writ/writs may kindly be granted:--- (i) Restraining the respondents from taking further action in the light of the notice in which the petitioner is summoned for 16-2-2015 which is even dated with further request to quash the taken proceedings by the respondents. (ii) Directing the respondents to sanction the leave permissible to the petitioner in the light of University of Azad Jammu and Kashmir Leave Statute, 1981 for which the petitioner is very much entitled for the same as requested through application and clarification till that the respondents are restrained from taking any action against the petitioner." 2. The summary of the case is that petitioner was appointed as Lecturer in University of Azad Jammu and Kashmir vide notification dated 2-8-2001. After due process, he was confirmed against the aforesaid post on recommendation of concerned Selection Board vide order dated 18-4-2002. The petitioner being eligible was selected by Higher Education Commission for Overseas Scholarship, hence, he was proceeded on study leave for 5 years period. As per claim of petitioner, he was awarded degree of Ph.D. on…

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