Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---

----Art. 44---Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985---Writ petition---Maintainability---Petitioner (Assistant Education Officer) filed writ petition seeking directions to set-aside a proposal assertly moved by the Speaker Legislative Assembly in grab of which he would be disturbed from his present place of posting---Held, that apprehension on the basis of facsimile of an alleged proposal of irrelevant office (Speaker Legislative Assembly) provides no room for interference as the Departmental Authorities are under legal obligation to abide by the Constitutionally mandate Rules i.e. Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985---Even otherwise, a proposal of the Speaker Legislative Assembly, for transfer and posting in the Education Department is not relevant, however, the competent authority is clothed with powers to transfer the petitioner as per exigencies of the Department---Thus no vested right can be claimed by the petitioner in said regard---Writ petition, filed by Officer in Education Department, being meritless, was dismissed, in circumstances.

ORDER