Case Details

Citation(s)
2016 SLG 1481 2016 SLD 1481 2016 PLJ 47
High Court (AJ&K)
W.P. No. 2667 of 2014, decided on 2.2.2015. Date of hearing: 2.2.2015.
M. TABASSUM AFTAB ALVI, J.
Ms. Rahat Farooq, Advocate for Petitioners. Nemo for
Respondent No. 1. Kh. Ansar Ahmed, Advocate for
Respondents No. 2 to 6.

MUHAMMAD BASHIR, CHIEF MANAGER AZAD JAMMU & KASHMIR BANK RAWALA KOT BRANCH AND 6 others

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND others--RespondentS

Law:

Section:

AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Employees of Bank--Policy extended loans to borrows after verifying genuiness of gold--Show-cause notice and charge sheets--Dismissal of writ petition--Question of--Whether show-cause notices and charge sheets issued against petitioners can be challenged through writ jurisdiction or not--Charge sheets and show-cause notices, issued by competent authority, petition was not maintainable, therefore, same was hereby dismissed. ORDER 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 petitioners: "It is, therefore, humbly prayed that while accepting the instant writ petition show-cause notices issued to the petitioners may kindly be declared null and void without any sanction of law. The costs of litigation may please be awarded in favour of petitioners against the non-petitioners. Any other relief which this Hon'ble Court deems fit be granted in favour of petitioners." 2. The summary of the case is that petitioners are employees of Bank of Azad Jammu & Kashmir who are discharging their duties in different cadres at Rawalakot and Khaigala branches. It is averred that Bank of Azad Jammu & Kashmir introduced a gold loan scheme policy on January, 10th 2013, whereby loans were extended to the borrowers against security of gold to be submitted with treasury of the Bank. As per claim of petitioners respondents provided a list of the goldsmiths enlisted on panel of the Bank to verify genuineness of gold against which loans were to be issued. It is averred that respondents nominated Asmat Bashir owner of M/s. Bismilla Jewelers, Bara Market Rawalakot, as goldsmith to verity gold for the branches of Azad Jammu & Kashmir Bank atRawalakot and Khaigala. It is alleged that petitioners in accordance with the said policy extended loans to barrowers after verifyinggenuiness of gold submitted by them through Asmat Bashir owner of M/s. Bismillah Jewelers, Bara Market Rawalakot. It is further alleged that M/s. Bismillah Jewelers collaborated with few of borrowers for petty gains and for…
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