Law:

Section:

(a) Civil service- ---Rules-Can be made by competent authority under a statute-­Rules framed by Government in absence of statutory provision and power under enactment of appropriate Legislature-Not valid and create neither any vested right nor impose any disqualifications-Azad Kashmir Revenue Officers Service Rules, 1970-Framed under no statute hence not valid rules-Qualifications prescribed therein for appointment as Naib-Tehsildar -Carry no obligatory position-­. Government otherwise competent to prescribe qualifications vide r. 18(1) of Kashmir Service Regulations--Provisions of Kashmir Service Regulations saved vide S. 23(2) of Azad Jammu & Kashmir Civil Servants Act, 1976-Person not possessing qualifications men­tioned in Azad Kashmir Revenue Officers Rules, 1970, held, could not claim to be qualified for appointment as Naib-Tehsildar- Conten­tion that Azad Kashmir Revenue Officers Rules, 1970, having not been enforced under any statute provisions thereof regarding qualification could not be enforced, in circumstances, rejected-Government, held, competent to declare a person not possessing prescribed qualifi­cation, as not qualified and entitled to appointment - General Clause's Act (X of 1897), S. 3(47), Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974), S. 49, Azad Jammu & Kashmir Civil Servants Act of 1976, S. 23 (2), Azad Kashmir Revenue Officers Rules, 1970 and Kashmir Services Regulations, r. 18(1). (b) Civil service-- --- Natural justice, principle- of-Audi alteram partem (No body should be condemned unheard)-To be read in all statutes or rules even if no such provision made in it unless specifically provided therein-Requirement of show-cause notice-Not necessary for termination of a probationer-Necessity of such notice specifically excluded­ Person appointed by initial recruitment-Deemed to be on proba­tion for 2 years-Termination within 2 years-Does not require show­ cause notice-Azad Jammu & Kashmir Civil Servants Act, 1976, S. 10 read with Azad Jammu & Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, r. 7(1) and Kashmir Services Regulations, Vol. II, r. 22. Date of institution : 2nd…

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