Case Details

Citation(s)
2018 SLG 524 2018 SLD 524 2018 CLC 502
High Court (AJ&K)
Review Petition No. 132 of 2017, decision Date : 13-11-2017.
MUHAMMAD SHERAZ KIANI, JUSTICE
Ikhlaq Hussain Kiani, AAG for
Respondents.

MUJAHID HUSSAIN NAQVI

VS

AZAD GOVERNMENT OF THE JAMMU AND KASHMIR THROUGH CHIEF SECRETARY/SECRETARY SERVICES AND GENERAL ADMINISTRATION DEPARTMENT, MUZAFFARABAD AND 4 OTHERS

Law:

Section:

Azad Jammu and Kashmir High Court Procedure Rules, 1984--- ----R. 43---Civil Procedure Code (V of 1908), O.XLVII, R.1---Review of by the High Court---Scope---Petitioner did not invoke jurisdiction of High Court with clean hands and he was imposed special costs---No illegality had been pointed out in the impugned ---Scope of review petition was limited and case of petitioner did not fall in any of the eventuality as postulated under O.XLVII of Civil Procedure Code, 1908 read with R.43 of Azad Jammu and Kashmir High Court Procedure Rules, 1984---Review petition could be entertained only if there was an apparent mistake or error on the face of record---No review could be entertained on the points which had already been resolved---Petitioner was directed to act upon the impugned with regard to payment of special costs---Review petition was dismissed in circumstances. Muhammad Ramzan v. Lahore Development Authority, Lahore 2002 SCMR 1336 and Akhtar Ali Khan v. Dilawar Khan and 5 others 2015 CLC 872 rel. THIS JUDGMENT DELIVERED BY: M. TABBASSUM AFTAB ALVI, CHIEF JUSTICE:---.--- The supra titled review petition has been addressed against the impugned judgment dated 08.06.2017, whereby writ petition filed by petitioner was dismissed in limine. 2. Precise facts culminating into filing of the instant review petition are that petitioner was serving as Secretary to Government in BPS-20. It is alleged that competent authority/Prime Minister Azad Govt. of the State of Jammu and Kashmir, approved promotion of petitioner as Senior Member Board of Revenue BPS-21, equivalent to post of Additional Chief Secretary General, i.e. from date of retirement of one Khalil Ahmed Qureshi, (the then SMBR), vide notification dated 02.12.1997, w.e.f. 16.05.1997. The said promotion order of petitioner was passed downwards to Chief Secretary/ Secretary Services and General Administration Department, for implementation and issuance of formal notification as in those days there was no requirement or necessity of routing matter of promotion to posts of BPS-21, through Selection Board. The respondents instead of issuing formal notification, the decades back implemented and acted upon notifications…
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