Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1975 Rs. 2(b), (c) & 5-Department-Disciplinary proceedings initiated after enforcement of Rules-No "Authorised Officer" or "Authority" yet appointed--Forest guard charge-sheeted by Divisional Forest officer under directions from Conservator of Forest and subsequently served show-cause notice by same Officer-Penalty of removal from service imposed by Divisional Forest officer without affording opportunity of personal hearing-Divisional Forest Officer not having been appointed as Authorised Officer proceedings, held, without legal sanction and without jurisdiction-Penalty order quashed and appellant re-instated with full back benefits-Department, held, at liberty to proceed afresh under Rules-Azad Jammu & Kashmir Service Tribunals Act, 1975, S. 4. S. M. Tehreen Taqvi v. Census Commissioner, Karachi 1980 P L C (C. S.) 499 rel. Date of institution: 25th February, 1981.                                                                                                                                                        ORDER KHAWAJA GHULAM QADIR (MEMBER).-Appellant Bashir Ahmad Ex -Forest Guard has taken exception by this appeal under section 4 of the Service Tribunals Act, 1975 to the impugned orders dated 26-10-1978 and 18-2-1979 whereby the service of the appellant were terminated by respondent No. 2 and his departmental appeal was dismissed by respondent No. 1 respectively. The facts which culminated in this appeal are concisely laid down as tinder :- The appellant was a Forest Guard incharge at Ghumote Beat in Sharda Forest Division, District Muzaffarabad. There were some complaints of illicit damage in the beat of appellant upon which the Conservator of Forest deputed one Abdul Latif,…