Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunals Act, 1975- Ss. 3. 4 & 9-Appeal-Limitation-Delay of 4 days condoned on basis of affidavit. (b) Azad Jammu & Kashmir Service Tribunals Act, 1975- --S. 8. If read with Ss. 3 & 4-Ouster of jurisdiction contained in proviso to S. 4 does not apply to appeals under S. 8-No restriction of appealing to departmental authority before coming to Tribunal under S. 8. (c) Civil service- Termination of service-Order passed under and in accordance with directions of a higher officer instead of Enquiry Officer himself-Cannot be upheld. B. A. Farooqui for Appellant. Karamat Din Shah Gilani for Respondents. ORDER MALIK MUH AMMAD ASLAM KHAN (CHAIRMAN): This appeal arises out of the following facts. At the relevant time the appellant was posted at Forest Check Post 'Bhring", Tehsil Mirpur, when he was suspended on the allegation that he had abetted the smuggling of timber from the check post into Gujrat District. It was also alleged that on the night of 2nd April, 1974 respondent No. 3, the D.F.O. Soil Conservation Bhimber, alongwith S. D. M, Bhimber, was coming towards Bhimber from Gujrat side when they spotted two trucks loaded with timber speeding towards Gujrat at Chiryala at 8 p.m., but no entry of these trucks was found in the record at Bhring Check Post. They also found two trucks loaded with timber at the check post which contained timber in excess of the entries in the permit the behaviour of the appellant was also stated to be insolent towards respondent No. 3. The appellant was accordingly suspended and charge-sheeted by respondent No. 4, on the complaint of respondent No. 3 to respondent No. 2. In reply to the charge sheet the appellant took the stand that Chiryala was in Gujrat District where two other roads from Kot Jaimal and Pindi Junjah ran from Bhimber by­passing the miring Check Post, and as such the trucks seen by the officers might have passed via those two road which did not run through the Bhring Check Post. He also denied the other allegations contained in the charge-sheet Exh. PA vide his reply Exh. PB. The then D.F.O., Mirpur, under whom the appellant was serving at that time, instead of holding a…

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