Law: Azad Jammu and Kashmir Ehtesab Bureau Act, 2001

Section: 4

(a) Azad Jammu and Kashmir Ehtesab Bureau Act (I of 2001)---S. 4(n)---Azad Jammu and Kashmir Ehtesab Bureau (Adaptation and Extension) Act (IX of 2005), Ss. 1(3) & 2(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 19(3)---"Public office holders"---Definition---Scope---Contention that employees of bank did not fall within the definition of "public office holders" as defined under S.4(n) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001---Validity---Perusal of S.4(n) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, and sections 1(3) and 2(2) of Azad Jammu and Kashmir Ehtesab Bureau (Adaptation and Extension) Act, 2005 showed that banks were not under the administrative control of the government or Azad Jammu and Kashmir Council rather the latter was vested with the authority to co-ordinate with the Government of Pakistan for conducting the business in Azad Jammu and Kashmir, therefore, despite the fact that Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, had been adapted by the Council, the employees of the banks did not come within the definition of "holders of public office" as defined in S.4(n) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001---Council had not adapted the definition of "public office holders" listed in S.4(n) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, rather it had limited the application of the said Act only to departments in the administrative control of the Azad Jammu and Kashmir Council and the departments which were for the time being under the administrative control of the Council. Muhammad Shabbir and another v. Ehtesab Bureau Azad Kashmir and others Civil Appeal No.44 of 2011 ref. United Bank Ltd. Employees Union through its President and General Secretary at Muzaffarabad and 4 others v. United Bank Limited through President and others 2000 PLC (C.S.) 930; Habib Bank Ltd. through Manager Kalyal Chakswari Branch, Mirpur v. Zulfiqar Ali Malik and 2 others 2000 PCr.LJ 967 and Genuine Rights Commission through Munir Ahmed Farooqi, Advocate and others v. Federal Government through Chief Secretary, Islamabad and 11 others PLD 2006 HC(AJ&K) 1 rel. (b) Azad Jammu and Kashmir…

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