Law:

Section:

(a) Azad Jammu and Kashmir State Subjects Act, 1980---.--- ---.----S. 4---.---Azad Jammu, and Kashmir State Subject Certificate (Cancellation) Act (IX of 1971), S.3---.---Azad Jammu and Kashmir State Subjects Rules, R.6---.---Azad Jammu and Kashmir Interim Constitution Act, 1974, S.44---.---Writ petition---.---State Subject Certificate---.---Report of Member, Board of Revenue recommending cancellation Of such certificate issued to the petitioner---.---Show cause notice issued to petitioner on basis of such report by Azad Jammu and Kashmir Council---.---Validity---.---Azad Jantntu and Kashmir Council had ample power to deprive any person of such Certificate alleged to have obtained same by means of fraud, false representation or concealment of any material fact and could issue such notice either on basis of report of Government or on its own motion---.---Only Board constituted under S.3 ofAzad Jammu and Kashmir State Subject Certificate (Cancellation) Act, 1971 could probe into such, matter---.---Such Board had not yet been constituted, in the present case, resultantly inquiry could not yet be conducted under Azad Jammu and Kashmir State Subject Certificate (Cancellation) Act, 1971---.---According to Rules of Business (AJ&K) all Secretaries to Government for being part and parcel of Government, act on behalf of Government while deciding matters or performing functions in matters regarding their respective Departments---.---Such report/recommendation forwarded to the Azad Jammu and Kashmir Council by Board of Revenue would be considered as forwarded by Government---.---Such report contained facts found by concerned authority and was not an inquiry for purpose of passing a final order-Azad Jammu and Kashmir Council had yet to inquiry such matter after hearing the petitioner---.---Petitioner could apply for appointment of Committee for inquiry and produce evidence before the same---.---Azad Jammu and Kashmir Council had issued the impugned notice in accordance with law---.---Show cause, if processed in accordance with a lawful authority, could not he challenged in writ jurisdiction---.---Petitioner had an alternate remedy and opportunity to be heard before the…

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