Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunals Act, 1975- ----- S. 8-Appeal-Limitation-Condonation of delay-Appeal belated by four days but condonation of delay sought on ground of appellant's four relatives having died during past three months-Fact of deaths supported by an affidavit and such affidavit not challenged by any counter affidavit-Affidavit, held, itself a good piece of evidence and could not be brushed aside unless cogent evidence to contrary existing----Delay, in circumstances, condoned. (b) Azad Jammu & Kashmir Service Tribunals Act, 1975- - Ss. 3, 8, 4 & Proviso to S. 4-Appeal-Jurisdiction-Jurisdiction of Service Tribunal-Dealt with by S. 3 and not by S. 4-Words "within the jurisdiction of a Tribunal" occurring in S. 8-Referable to S. 3 and not to S. 4-Section 3, unlike S. 4, not placing any restrictions of appealing to departmental authority before coming to Service Tribunal, proviso to S. _4, held, cannot be attracted to appeals lodged under S. 8 and appellant could seek his remedy in Service Tribunal without going in appeal to Departmental authority. (c) Azad Jammu & Kashmir Service Tribunals Act, 1975- -- Ss. 3, 8, 4 & Proviso to S. 4-Interpretation of statutes-Proviso to a section-Referable only to main provisions of section-Unless expressly provided operation of proviso cannot therefore be extended to other sections of Act-Section 8-A, special section, neither controlled by nor subservient to S. 4-Proviso to S. 4 containing order of jurisdiction clause, hence, held, does not apply to appeals filed under S. 8. (d) Kashmir Service Regulations- ----Vol. II, Art. 32 read with Public Servants Enquiry Act and Azad Jammu & Kashmir Service Tribunals Act, 1975, S. 8-Removal from service-Natural justice, rules of-Opportunity to show caused. F. O. sending his recommendations to Conservator of Forests without himself holding any inquiry and denying appellant any opportunity of being heard-Appellant repeatedly denying charge and even demanding inquiry-D. F. O. held, bound under law to proper enquiry before taking extreme action of removing civil servant from service-Comments of D. F. O. also not provided to appellant despite…

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