Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Launching of development scheme for resort--Tenders were advertised in newspapers--Project was designed and supervised by consulting firm--Embezzlement--Constitution of inquiry committee--Supervisory responsibility--Misuse of official authority--Inquiry report--Issuance of notification regarding disciplinary proceedings by Prime Minister--Alternate remedy--Challenge to--Law is well settled on point that no such inquiry can be stopped or investigation can be halted by invoking extraordinary jurisdiction of this Court under Section 44 of Azad Jammu and Kashmir Interim Act, 1974--An opportunity of hearing is provided at that time when any adverse order is passed against a person and before passing such order an opportunity of hearing is provided--In present case, only notification has been issued, whereby, it has been ordered that proceedings shall be initiated against him--Competent authority can pass such order upon any complaint or in presence of sufficient material--It is not necessary that one can be convicted or penalized only on basis of one document, it would be seen by concerned authority whether any other sufficient material is available against petitioner and if material is available against petitioner then there would be no legal bar to proceed against him--Petition dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KIANI, JUSTICE---.--- Through this petition filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following relief is prayed for by the petitioner: "It is therefore, very humbly prayed on behalf of the petitioner that in view of the facts, circumstances, enumerated in the writ petition, the Hon'ble Court may kindly issued an appropriate writ in the favour of the petitioner that the report of inquiry officer in favour of the petitioner (Annexure "E") proceedings of appointment of inquiry officer, notification dated 19.05.2016 to the extent of clauses (iv) and (vi) regarding petitioner be quashed. Further, the respondents be restrained from initiating any criminal proceedings against the petitioner, till the disposal of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492