Law: Service Tribunals Act, 1973

Section: 3(1),3(3),3(3)(b),3(4),3(7)

Law: Federal Service Tribunal Chairman and Members Service Rules, 1983

Section: R.1

Law: Azad Jammu and Kashmir Adaptation of Laws Act, 1979

Section: 3(2)

Law: Service Tribunals (Procedure) Rules, 1974

Section: R.2

(a) Service Tribunals Act (LXX of 1973)--- ----Ss. 3(1), 3(3), 3(3)(b), 3(4) & 3(7)---Service Tribunals (Qualification of Members) Rules, 1974, R.2---Federal Service Tribunal Chairman and Members Service Rules, 1983, R.1---Writ petition---Members of Azad Jammu and Kashmir Council Service Tribunal---Appointment of Members of Azad Jammu and Kashmir Council Service Trirbunal on contract basis---Termination from service---Fundamental rights---Scope---Principles of natural justice---Applicability---Independence of judiciary---Scope---Members of Azad Jammu and Kashmir Council Service Tribunal were appointed on contract basis for a period of three years but their services were terminated before stipulated period---Writ petition filed by the said Members was accepted with the observation that they were entitled to remuneration for the remaining period if they had served as Members of Tribunal---Validity---Employees were appointed as Members Service Tribunal for a period of three years but before the expiry of stipulated period the Chairman Azad Jammu and Kashmir Council terminated their services---Director General (Audit), Commissioner Inland Revenue and Deputy Secretary (Council) were appointed as Members of Service Tribunal---Persons appointed as Members of Tribunal were directly subordinate to the authority of Azad Jammu and Kashmir Council which was stigma on their impartiality---Mode adopted for termination of employees' services and new appointments were contrary to the law and concept of independence of judiciary---Power of Authority to terminate the services of an employee without assigning any reason or providing an opportunity of hearing was also violative of principles of natural justice---Public functionaries were to exercise their powers in good faith in the public interest and not on the basis of personal like or dislike or on the basis of whims and fancies---If any rule, policy or instruction authorized the Authority to act in an arbitrary manner then such rule, policy or instruction was ultra vires the Constitution and even ab initio void---Impugned was modified in the term that termination orders passed by Authority were contrary to law---Present…

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