Law: Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

Section: 2 (b) & (c), 5, 6, 7(3)

(a) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 Rr. 2 (b) & (c), 5 & 6 read with Notification No. 5 & GAD/R 8tJ/SO-I 121064/79 dated 17-10-1979--Disciplinary proceedings-To be initiated and processed in prescribed manner and by prescribed authority-Proceedings against Tehsildar-Authority and Authorised Officer specified distinctly-Notwithstanding such, specification proceed ings initiated and processed at all stages by Government-Proceedings, in circumstances, held, not sustainable. (b) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 R. 7 (3)-Enquiry-Examination of witnesses and evidence in presence of accused-Essential-Accused entitled to cross-examine witness and produce defence evidence-Enquiry held at back of accused-Conse quential enquiry report, held, vitiated and resultant penalty order, held further, void. Date of institution : 3rd June, 1980.                                                                                                                        ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN),-This service appeal under section 4 of the Azad Jammu & Kashmir Service Tribunal Act, 1975 is directed against the Government Order dated 7-2-1980 whereby the appellant was dismissed from service on charge of misconduct. The facts leading to this appeal, briefly stated, are that one Mir Mohammad Bashir, an Ex-Member of Azad Jammu & Kashmir Council sold a shop built on the land measuring 1 Marla, 7 feet and 9 inches bearing Khasra No. 1498/1237 situate in Muzaffarabad Town to one Mohammad Farid Khan through a registered sale-deed dated 1-8-1978. The concerned Patwari made an entry of the acquisition of the right of ownership on the basis of the said sale-deed in the register of mutations but the Field Qanungo while verifying the same also pointed out in his…