Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4(b)(ii)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 47(ii)

Azad Jammu & Kashmir Service Tribunals Act, 1975 S. 4, proviso (b) (ii)-Jurisdiction of Tribunal--Completely ousted in a matter of disciplinary action with penalty other than dismissal, removal, reduction in rank or compulsory retirement-Appellant awarded penalty of stoppage of increments-Appeal, held, not maintainable- Redness in such matter could be sought before ordinary Court notwithstanding establishment of Service Tribunal-Azad Jammu & Kashmir Interim Constitution, Act (VIII of 1974), S. 47 (ii). Dates of institution : 6th and 7th March, 1979.                                                                                                                              ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-This order will cover both the aforementioned appeals filed under section 4 of the Azad Jammu and Kashmir Service Tribunal Act, 1975 (hereinafter referred to as Act) as the same are proposed to be disposed of on a question of law commonly involved in both of them. 2. The brief facts forming backgrounds to these appeals are that the appellants in both the appeals are employed as Assistant Professors in the Department of Education of the Azad Jammu and Kashmir Government. Muhammad Hanif Khawaja, appellant in appeal No. 95 of 1979, while posted in Mirpur Degree College, was engaged with the prior concurrence of the Principal of the said college for a part time job in the examination section of the Board of Intermediate and Secondary Education Mirpur Azad Kashmir (hereinafter referred to as Board) on a monthly remuneration of Rs. 350 subject to the production of Government permission by him in this behalf by the Chairman of the Board vide his Order No. Board/544-48/76, dated 1-2-1976 (Annexure `G') and later on the Minister of Education also granted the permission to the appellant to do part time work in the Board after college…