Law:

Section:

(a) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977- --Rr.6, 7 & 8 read with Azad Jammu & Kashmir Interim Constitution Act, .!974, Art. 4 (15)-Dismissal for misappropria­tion-Fundamental rights-Equality of State subjects before law-­Provisions of sub-rules (3) & (4) of r. 6 of Disciplinary Rules--­Held, discriminatory in nature, inconsistent, violative and repugnant to Art. 4 (15) of Interim Constitution--Order based on void pro­visions of law, held: illegal, ineffective and inoperative. The civil servants, as a class, were entitled to equal protection of law. Here the law relating to civil servants was provided, in matters of disciplinary actions, under rules 6 and 7 of the Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977. The civil servants, being one class could nit be given discriminatory treatment in any matter of disciplinary actions. In presence of rule 7, the provisions of rule 6(3) which were more drastic and severe in nature, could not be applied in case of one civil servant facing accusation of a nature similar to the other in whose case inquiry was held under Rule 7. Moreover, the authorised officer was not guided by any principle or set of principles, on the basis of which one case might be decided under one provision of law and the other under the second law. This being the position, the provisions of sub-rule (3) of rule 6 were violative and repugnant to the provisions of the rule of equality before law. In case where two different provisions of rules were available for inquiry and decision, the consensus of judicial view was that the rule more liberal and flexible providing adequate remedy, equity and justice may be applied than the rigid and drastic one. In presence of rule 7, the appropriate and just step would be to hold inquiry against a civil servant under rule 7 and to decide the matter accordingly. Under rule 7, an accused civil servant had sufficient opportunity to' defend himself, whereas under sub-rule (3) of rule 6, no such opportunity was provided. Under sub-rule (3) of rule 6, the authorised officer was not obliged to go through the process of evidence and…

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