| Citation(s) |
|---|
| 2025 SLG 4904 2025 SLD 4904 = 2025 PLC 1061 |
Supreme Court (AJ&K)
Civil PLA No.622 of 2024 and Civil Miscellaneous No.355 of 2024, decided on 14th October, 2024. (On Appeal from the Order of the Service Tribunal dated 14-9-2024 passed in Service Appeal No.276 of 2024).
Present: Kh. Muhammad Nasim and Raza Ali Khan, JJ
Shahid Ali Awan, Advocate for Petitioner. Mir Tanveer Hussain, Advocate for
Respondent No.1.
Civil PLA No.622 of 2024 and Civil Miscellaneous No.355 of 2024, decided on 14th October, 2024. (On Appeal from the Order of the Service Tribunal dated 14-9-2024 passed in Service Appeal No.276 of 2024).
Present: Kh. Muhammad Nasim and Raza Ali Khan, JJ
Shahid Ali Awan, Advocate for Petitioner. Mir Tanveer Hussain, Advocate for
Respondent No.1.
SABEEL KHAN
VERSUS
MUHAMMAD LATIF KHAN and others
Law:
Section:
(a) Civil service-------Transfer notification---Recalling of notification within a short span of time--Reason, non-assigning of---Practice of cancellation of the transfer notifications within a short span of time (i.e. after 25 days) without assigning any reason, on the face of it, was a malpractice and such orders/notifications cannot be protected by the Courts, therefore, the impugned departmental notification dated 11.09.2024 was prima facie a proof of exercise of powers in an injudicious manner and without proper application of mind ---No illegality or legal infirmity was noticed in the impugned order whereby the Services Tribunal, while admitting for regular hearing the appeal preferred by aggrieved officer (respondent), suspended the transfer cancellation order---Petition for leave to appeal was refused.(b) Civil service-------Transfer notification---Recalling of notification within a short span of time--Reason, non-assigning of---Contention of the official respondents was that the department had assigned the reasons for cancellation of the transfer notification in the objections/written statement submitted before the Service Tribunal---Validity--It was revealed from the departmental transfer cancellation notification that no reason, whatsoever, had been assigned/mentioned in the said notification for cancellation of the transfer notification within a short span of time i.e. 25 days--Reasons/justifications for cancellation of a lawful notification have to be mentioned in the cancellation notification rather than in the objections/written statement, therefore, said argument of the official respondents was repelled---No illegality or legal infirmity was noticed in the impugned order whereby the Service Tribunal, while admitting for regular hearing the appeal preferred by aggrieved officer respondent, suspended transfer cancellation order---Petition for leave to appeal was refused.Date of hearing: 11th October, 2024.ORDERKH. MUHAMMAD NASIM, J.----The captioned petition for leave to appeal has been directed against the order of the Service Tribunal dated 14.09.2024, whereby, the appeal filed by respondent No.1,…