Case Details

Citation(s)
2016 SLG 785 2016 SLD 785 2016 PLC 376
Supreme Court (AJ&K)
Civil Review No. 18 of 2015, decided on 27th May, 2015. Date of hearing: 15th May, 2015.
MOHAMMAD AZAM KHAN, C.J.
Nemo for
Respondents.

Mst. KANEEZ AKHTAR

VS

AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad and 5 others

Law:

Section:

Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XLVI, Rr. 4, 6 & O. XLIII, R. 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42-A(1)---Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975), S.4---Review of Supreme Court ---Procedure---Transfer of an employee---Employee was transferred which was challenged but Service Tribunal dismissed the appeal---Appeal filed by the employee before the Supreme Court was dismissed as withdrawn by her counsel on her retirement---Employee filed review petition that she wanted to withdraw the appeal only to the extent of notification of her transfer but her counsel made statement that she had retired and appeal had become infructuous---Contention of employee was that she wanted to continue the appeal to the extent of remarks passed by the Service Tribunal---Validity---Every review petition should be filed by the counsel who appeared at the hearing of the case in which or order sought to be reviewed was made---Review petition might be drawn by any other counsel with special leave of the Court---Counsel who appeared in the original case should remain present in the Court in such circumstances unless his appearance was dispensed with---Counsel signing the application should specify in brief the points upon which prayer for review was based and should add a certificate with regard to consistency with law and practice of the Court that a review would be justified in the case---Such certificate should be in the form of a reasoned opinion---Review petition could not be filed without a certificate of the counsel who had signed the same---Review petition on legal question was maintainable on the basis of certificate in the form of reasoned opinion by the counsel who appeared in the original case---Employee had herself filed present review petition---Present review petition had not been competently filed---Matter before the Service Tribunal was with regard to notification for transfer of an employee---Service Tribunal dismissed the appeal but at the same time made observations which had adversely affected the service of employee---Supreme Court quashed the observations made by the Service Tribunal…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492