| Citation(s) |
|---|
| 1978 SLG 989 1978 SLD 989 1978 PLC 126 |
Service Tribunal (AJ&K)
Appeal No. 52 of 1977, decided on 23rd May 1978.
SARDAR MUHAMMAD ASHRAF, CHAIRMAN AND KH. ABDUS SAMAD, MEMBER
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Appeal No. 52 of 1977, decided on 23rd May 1978.
SARDAR MUHAMMAD ASHRAF, CHAIRMAN AND KH. ABDUS SAMAD, MEMBER
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JAVED AKHTAR
VS
INSPECTOR-GENERAL OF POLICE, AZAD J & K STATE AND ANOTHER,
Law:
Section:
Kashmir Service Rules, Vol. II- -- Rr. 30 (iii) & 32-Reduction to lower post or time scale-Order passed without giving necessary show-cause notice or an opportunity of being heard to affected official-Held, unlawful, void and inoperative and hence set aside. B. A. Faraoqi for Appellant. Basharat Ahmed Shaikh, A.-G. for Respondent No. 1. Kh. Muhammad Saeed for Respondent No. 2. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-This service appeal under section 4 of Azad Jummu & Kashmir Service Tribunal Act, 1975 has been directed against the Order Book No. 179 dated 6-7-1976 of respondent No. 1 by which the appellant was reverted to the post of Selection Grade Constable from that of Head Constable and also transferred permanently from District Mirpur to the District Kotli. The relevant facts for the purposes of this appeal are that at the time of bifurcation of District Mirpur into two separate Districts of Mirpur and Kotli Javed Akhtar appellant and Muhammad Rashid respondent No. 2 were both Selection Grade Constable in the Police establishment of District Mirpur and were placed at sections Nos. 2 and 3 in the list C/2 respectively (copy Annexure "A" with the appeal). The appellant was transferred to the newly-created District Kotli but he made a representation to the Deputy Inspector-General Police Range/Headquarter against this transfer in which he sought his retransfer to District Mirpur on the ground that his transfer had adversely affected his chances of promotion as he is included in list C/2 as distinct from C/2 on account of having not passed the lower class training courses. Accepting his representation he was retransferred to Mirpur District by the said Deputy Inspector-General vide his Order Book No. 101 dated 1-4-1976 (copy Annexure "B" with the appeal) where he wag first promoted as Officiating Head Constable and later on as full fledged Head Constable against a vacancy caused by the promotion 'of one Muhammad Rashid Head Constable by Superintendent Police, Mirpur vide his Order Book No. 159 dated 10-6-1976 and Order Book No. 183 dated 17-6-1976 respectively (copies Annexures "C" and "D" with the appeal). The respondent No. 2 submitted a…
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