Law: Mirpur Development Authority Ordinance, 1974

Section: 6

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 3,31,44

(a) Mirpur Development Authority Ordinance, 1974--- ----S. 6---Chairman Mirpur Development Authority---Appointment on contract basis---Removal from service---Audi alteram partem, principle of---Applicability---Employee was appointed as Chairman Mirpur Development Authority on contract basis for three years but was removed from office before expiry of period mentioned in the terms and conditions of order---High Court declared the employee to be entitled for salary, privileges and other benefits as Chairman Development Authority for the remaining period of his contract---Validity---Appointing Authority had been vested with the powers to remove the Chairman Development Authority before the specified period---Employee had accepted the appointment keeping in mind the basic statutory provisions---Notification of terms and conditions would have to be interpreted while keeping in mind the domain and scope of basic statutory provisions under which the Appointing Authority was vested with the powers of appointment---If any terms and conditions was violative to the basic statutory provision, same be deemed to be ineffective and invalid to the extent of inconsistency with the statutory provision---Employee had not succeeded in making out any legal ground for granting the prayed relief under extraordinary discretionary writ jurisdiction---Employee could hold office only during pleasure of Government---Government was empowered to remove the Chairman Development Authority at any time---Employee had accepted terms and conditions with regard to his removal at any time---Appointment of employee was at the pleasure of Government---Government while removing the employee from office had not violated any provision of law---Order of removal, in the present case, was in accordance with the conditions pre-settled among the parties---When it was established from the record that the party would take a specific stand in defence which was already known and clear then principle of audi alteram partem would not attract---Impugned passed by the High Court was recalled and writ petition was dismissed---Appeal was allowed in circumstances. Azad Government and others v. Neelum Flour Mills 1992…

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