| Citation(s) |
|---|
| 1981 SLG 3092 = 1981 SLD 3092 = 1981 PLC 210 |
Service Tribunal (AJ&K)
Appeal No. 62 of 1978, decided on 14th December, 1980.
Presented By: Sardar Muhammad Ashraf Khan, Chairman and Kh. Ghulam Qadir, Member
Sh. Abdul Aziz for Appellant. Kh. Amir-ud-Din for
Respondents.
Appeal No. 62 of 1978, decided on 14th December, 1980.
Presented By: Sardar Muhammad Ashraf Khan, Chairman and Kh. Ghulam Qadir, Member
Sh. Abdul Aziz for Appellant. Kh. Amir-ud-Din for
Respondents.
MUHAMMAD TAJ
VERSUS
REVENUE SECRETARY, AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR
Law:
Section:
(a) Civil service Appointment not made in prescribed method and according to rules-Creates no vested right-Termination of services of such appointee without any notice-Creates no right of complaint or grievance-Rules requiring appointment through competitive exami nation-Appointment made without such examination-Void ab initio-Services terminated without show-cause notice-Termi nation order, held, neither exceptionable nor created any right of grievance before Service Tribunal-Azad Jammu & Kashmir Service Tribunal Act, 1975, S. 4 read with Kashmir Services Rules, Vol. 11. Art. 18(1) and Azad Jammu & Kashmir Revenue Officers Rules, 1970, r. 5. (b) Kashmir Service Rules, Vol. II Art. 20 read with Azad Jammu & Kashmir Civil Servants Act 1975, S. 10 and Azad Jammu & Kashmir Civil Servants (Appoint ment and Conditions of Service) Rules, 1975, r. 7(i)-Probation-Direct recruit-Probation period of 2 years Termination dating probation period-Show-cause notice-Not needed-Requirement of show-cause notice specifically excluded-Natural justice-Principle of audi alterarn partem (No one should be condemned unheard)-Not applicable. Surbland Khan v. A. K. Government and others 1980 P L C (C. S.) 400y and Mir Abdul Qayyum v. Azad J & Government and others 1980 P L C (C. S.) 400a rel. Date of institution : 11th January, 1978. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-We propose to dispose of both the above-captioned Appeals Nos. 62 and 65 of 1978 by this single…