Law: Azad Jammu and Kashmir Civil Servants Act, (VI of 1976)

Section: 2 (1) (a), 4, 11

  Azad Jammu & Kashmir Civil Servants Act, 1976 Ss. 2 (1) (a), 4 & 11 read with Azad Government of the State of Jammu & Kashmir Rules of Business, 1975, 20-Ad hoc appoint ment-Appointment, though of qualified person, but not in accordance with rules-Liable to termination; reversion without show-cause notice-Such liability inherent under law-Natural justice, principle of audi alteram partem-Specifically excluded under S. 11 and cannot be pressed into service-Promotion from grade 17 to grade 18 not made through prescribed Selection Board-Ad hoc promotee liable to reversion without notice.                                                                                                                           ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-This service appeal under section 4 of the Azad Jammu & Kashmir Service Tribunal Act, 1975 (hereinafter referred to as an Act) has arisen in the following circum stances :- 2. The appellant Rafique Akhtar Chowdhary having joined the Azad Jammu & Kashmir Education Department on 1-3-1966 as Senior Teacher was first promoted as Headmaster on 1-4-1967 and that to the post of Inspector Physical Education in grade 18 of the National Pay Scale which was lying vacant due to the retirement of its former incumbent Sh. Ghulam Muhammad vide Government Order No. Admin. 20983-89/76 dated 23-9-1976 "Annexure B). After the appellant had served on the post for about one and half year the respondent on the recommendation of Commission of Inquiry No. 1 reverted the appellant to the post of Headmester vide Order No. S. & G. A. D. 7746-50/78 dated 29-4-1978 on the ground of his being unqualified for the post. 3. Feeling aggrieved by the aforesaid order of his reversion the appellant filed a review petition against it before the respondent but to no avail as the same was dismissed ride Order No. Admin…