Law: Azad Jammu and Kashmir Service Tribunal Act, 1973

Section: 4(1)(a)

Azad Jammu and Kashmir Service Tribunal Act, 1973--- ----S. 4 (1) (a)---Misconduct---Removal from service---Appeal without availing the remedy of departmental appeal---Competency---Employee filed direct appeal without availing the remedy of departmental appeal, which was dismissed being not competent---Validity---No appeal would lie to Azad Jammu and Kashmir Council Service Tribunal unless civil servant had preferred an appeal or application or review or representation to the departmental authority and a period of ninety days had elapsed from the date on which such appeal, application or representation was preferred---Appellant, in the present case, had filed appeal before Service Tribunal without availing remedy of departmental appeal---Direct appeal filed by the employee against original order was not competent in circumstances---Service Tribunal having dismissed the appeal on the sole ground of competency Supreme Court declined to discuss the merits of the case---Appeal was dismissed in circumstances. Chairman Azad Jammu and Kashmir Council and 2 others v. Muhammad Munir Raja and another 2017 SCR 1168 and Haqnawaz Abbasi v. Chairman Azad Jammu and Kashmir Council and another 2018 SCR 156 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.---- The above titled appeal by leave of the Court has been filed against the judgment of the Azad Jammu and Kashmir Council Service Tribunal (hereinafter to be referred as Service Tribunal) dated 14.6.2017, whereby the appeal filed by the appellant, herein, has been dismissed. 2. The facts necessary for disposal of this appeal are that the appellant, herein, was serving as Constable (B-1), in Central Excise and Sales Tax Department, Mirpur. On the allegation of misconduct etc., he was proceeded against under the provisions of Government Servants (Efficiency and Discipline) Rules, 1973. At the end, the competent authority removed the appellant from service through order, dated 23.4.2015. The appellant challenged the order of the authority before the Service Tribunal by filing an appeal, which has been dismissed through the impugned judgment dated 14.6.2017, hence, this appeal by leave of the Court. 3. Mr. Javed Iqbal…

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