Case Details

Citation(s)
2016 SLG 1805 2016 SLD 1805 2016 SCAJK 271
Supreme Court (AJ&K)
Civil Appeal No. 144 of 2016, 18.05.2016
MOHAMMAD AZAM KHAN, C.J AND RAJA SAEED AKRAM KHAN, JJ

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Muhammad Shafique Abbasi, Sub-Divisional Officer, Highways Division No.1, Communication & Works Department, Azad Government Of The State Of Jammu & Kashmir, Muzaffarabad

VS

Qazi Irshad Hussain, Officiating Sub-Divisional Officer, Public Health Engineeri

Law:

Section:

Keywords: Result: Mohammad Azam Khan, C.J.€“ The above titled appeal by leave of the Court arises out of an order passed by the Service Tribunal dated 12th April, 2016 in the following circumstances:- 2. The appellant was serving as Sub-Divisional Officer in the Public Works and Health Engineering Department, Rawalakot. A proposal was prepared by the Department on 4th March, 2016. In the light of said proposal, he was to be transferred in place of Muhammad Aftab Kiani, respondent No.9, herein, in the Highways Division Muzaffarabad and respondent No.1, Qazi Irshad Hussain who was an officiating Sub-Divisional Officer, was proposed to be transferred from Highways Division Hattian Bala to Highways Division, Rawalakot in place of one Shabir Ahmed. Respondent No.1, challenged the said order by way of appeal in the Service Tribunal. After necessary proceedings, the Service Tribunal admitted the appeal for regular hearing on 7th March, 2016 and the transfer notification was suspended subject to the objections by the other party. After hearing the counsel for the parties, the Service Tribunal on 12th April, 2015 ordered that the suspension order shall remain intact till disposal of the writ petition filed by one Shabir Ahmed, in the High Court. This order is subject of the present appeal. 3. At the time of hearing the arguments on the stay order application we summoned the petition for leave to appeal from the office, converted the same into appeal and heard the arguments on the appeal. 4. Mr. Abdul Rashid Abbasi, Advocate, counsel for the appellant, submitted that the Service Tribunal has suspended the order on the ground that the authority for appointment of the Sub-Divisional Officer is the Minister and order has been passed without the approval of the Minister. The learned counsel referred to annexure "PH" finding place at page 28 of the paper book and argued that the Secretary Works submitted the proposal and the Minister concerned accorded the approval. The order has been issued after approval of the Minister. The learned counsel further submitted that the Service Tribunal has ordered that the suspension order shall remain operative till disposal of the writ…
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