Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Azad Jammu and Kashmir Interim Constitution Act, 1974 (VIII of 1974)-- ----Art. 42(10)--Filing of appeal before service tribunal was directed to deposit requisite security and process fee within a period of one week--Application for extension of time--Allowed--Delay in depositing security fee--Appeal was dismissed--Deprivation of right to access to justice--Challenge to--In given circumstances, should have extended time for depositing requisite security and process fee--Furthermore, a harsh order which deprives party from right to access to justice cannot be passed until and unless circumstances so compel Court and leave no other alternative due to conduct of party--Appeal was accepted. JUDGMENT Raja Saeed Akram Khan, ACJ.- The appellant, Riffat Shaheen, challenged the notifications dated 16.09.2019 and 23.09.2019 by filing appeal No. 782/2019 before the Service Tribunal. The appeal was admitted for regular hearing at Headquarter, Muzaffarabad on 01.10.2019. Through the same order, the appellant, herein, was directed to deposit requisite security and process fee within a period of one week. On 10.10.2019 the appellant filed an application for depositing the security fee on the ground that due to earthquake she could not deposit the same within time. The learned Service Tribunal vide impugned order dated 12.10.2020 dismissed the appeal due to non-furnishing of process and security fee and as well as for non-compliance of Court order, hence, this appeal by leave of the Court. 2. Mr. Haroon Riaz Mughal, Advocate, the learned counsel for the appellant contended that the impugned order of the Service Tribunal is patently illegal. He submitted that the appellant could not deposit the security fee due to earthquake. The appellant filed an application for extension of time but the same was not considered while passing the impugned order. He added that under Rule 11(3) of the Azad Jammu and Kashmir Service Tribunal Procedure Rules, 1976 the appellant was to deposit the security fee within a period of one week or within such extended period as may be allowed. The learned Service Tribunal should have granted extension to the appellant for depositing the security fee.…

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