| Citation(s) |
|---|
| 2023 SLG 382 2023 SLD 382 2023 PLC 166 |
High Court (AJ&K)
Civil Appeal No.457 of 2020, decided on 30th November, 2021. (On appeal from the judgment of the Service Tribunal Dated 1-7-2020 in Service Appeal No.892 of 2019). Date of hearing: 11th November, 2021.
RAJA SAEED AKRAM KHAN, CJ AND RAZA ALI KHAN, J
Abdul Rasheed and 85 others v. Board of Trustees and 3 others 2008 SCR 417 ref. Sardar Muhammad Habib Zia, Advocate for Appellant. Syed Sahroosh Gillani and Syed Ashfaq Hussain Kazmi, Advocates for
Respondents.
Civil Appeal No.457 of 2020, decided on 30th November, 2021. (On appeal from the judgment of the Service Tribunal Dated 1-7-2020 in Service Appeal No.892 of 2019). Date of hearing: 11th November, 2021.
RAJA SAEED AKRAM KHAN, CJ AND RAZA ALI KHAN, J
Abdul Rasheed and 85 others v. Board of Trustees and 3 others 2008 SCR 417 ref. Sardar Muhammad Habib Zia, Advocate for Appellant. Syed Sahroosh Gillani and Syed Ashfaq Hussain Kazmi, Advocates for
Respondents.
SHAHEENA NASEER LECTURER POLITICAL SCIENCE IN GOVERNMENT GIRLS POST GRADUATE COLLEGE MUZAFFARABAD AZAD JAMMU AND KASHMIR
VERSUS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Higher Education of the State of Jammu and Kashmir, Muzaffarabad a
Law:
Section:
(a) Civil service--- ----Transfer and posting---Scope---Appellant challenged the notification whereby she was transferred from college to another---Validity---Contention that the transfer order issued illegally during academic session had no substance as she had not produced any document to show that teaching staff of an institution could not be transferred during academic session---So far as contention that transfer order was a result of political influence, Supreme Court observed that a post of lecturer was lying vacant in transferee college which was advertised and after conducting test and interview, the concerned authorities filled the same by transferring the appellant---Respondents had not explained in their comments as to why the newly appointed candidate was not posted in the relevant college---Impugned notification to the extent of adjustments of the appellant and private respondent was cancelled---Concerned authorities were directed to reissue the order in a transparent manner---Appeal was accepted. (b) Public functionaries--- ----All judicial, quasi-judicial and administrative authorities while exercising mandatory or discretionary jurisdiction must follow the rule of fair exercise of power in a reasonable manner and must ensure the dispensation of justice according to spirit of law---Exercise of power in unreasonable manner is not proper and in such a case the process initiated/order issued by the authorities is not immune from judicial review. JUDGMENT RAJA SAEED AKRAM KHAN, CJ.----The appellant, herein, by filing appeal before the Service Tribunal, challenged the notification dated 25.10.2019, whereby she was transferred from the Post Graduate College Muzaffarabad, to the Government Girls Degree College Authmuqam. The learned Service Tribunal vide impugned judgment dated 01.07.2020, has dismissed the appeal which is the subject matter of this appeal. 2. Sardar Muhammad Habib Zia, Advocate, the learned counsel for the appellant argued that the impugned judgment is against law and the facts of the case. He submitted that a post of Lecturer Political Science was lying vacant in the Government Girls Degree College Authmuqam, which was advertised and…
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