| Citation(s) |
|---|
| 2019 SLG 3121 2019 SLD 3121 2019 PLC 1316 |
High Court (AJ&K)
Writ Petitions Nos. 1968 and 2440 of 2016, decision Dated: 16-11-2018.
AZHAR SALEEM BABAR, JUSTICE
Petitioner(s) by: Syed Ashfaq Hussain Kazmi (in Writ Petition No.1968 of 2016). Muhammad Yaqoob Khan Mughal for AJKRSP.
Writ Petitions Nos. 1968 and 2440 of 2016, decision Dated: 16-11-2018.
AZHAR SALEEM BABAR, JUSTICE
Petitioner(s) by: Syed Ashfaq Hussain Kazmi (in Writ Petition No.1968 of 2016). Muhammad Yaqoob Khan Mughal for AJKRSP.
SAQIB SALEEM AND OTHERS
VS
CHAIRMAN AJKRSP, PRIME MINISTER OF AZAD JAMMU AND KASHMIR THROUGH SPECIAL SECRETARY AND OTHERS
Law: Azad Jammu and Kashmir Rural Support Programme Employees Service Rules, 2009
Section: 8,8.06,8.08,15.2
(a) Azad Jammu and Kashmir Rural Support Programme Employees Service Rules, 2009--- ----Chap. 8, Cls. 8.06 & 15.2---Employee of Azad Jammu and Kashmir Rural Support Programme---Allegation of misconduct---Termination from service---Scope---Contention of petitioner-employee was that authorities had not adopted the procedure prescribed by Rules for his termination---Validity---Authorities were bound to establish the allegations of misconduct, misuse of powers or financial misappropriation against the employee---Inquiry Committee was constituted but it did not resume its functioning since its birth---Nothing was on record that any investigation into allegation against the employee was conducted---No finding of any Inquiry Committee was available on record against the employee---Organization was empowered to terminate the service of employee in view of its financial constraints---When allegations of misconduct and dishonesty were levelled against the employee then organization was bound to probe such allegations before passing an order of termination---Employee could be probed for different allegations and in such eventuality an order of termination could be passed if allegations stood proved from findings of inquiry committee---Authorities had not undergone the prescribed Rules and order for termination of employee was not maintainable---Impugned order for termination of petitioner-employee was set aside---Writ petition was allowed, in circumstances. (b) Azad Jammu and Kashmir Rural Support Programme Employees Service Rules, 2009--- ----Chap. 8, Cl. 8.08---Employee of Azad Jammu and Kashmir Rural Support Programme---Allegation of misconduct---Termination from service---Scope---Contention of employer organization was that it had powers to terminate the service of a regular employee by giving three months notice---Validity---Held, authorities were empowered to terminate the service of a regular employee by giving three months notice or payment of salary in lieu of such notice---Azad Jammu and Kashmir Rural Support Programme was not barred by law to constitute an inquiry committee for probing into the allegations against the employee---Order accordingly. THIS…
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