Law:

Section:

(a) Azad Jammu & Kashmir Civil Servants Act, 1974- ----S. 23(ii) read with K. S. R., Vol II, Art. 32-Disciplinary proceed­ings-No fresh rules framed under Civil Servants Act, 1975-Provisions of Art. 32, K. S. R., Vol. I1 operative-Dismissal order passed­---Accused neither afforded opportunity of cross-examination of witnesses against him in inquiry nor given any show-cause notice or opportunity of personal hearing before punishing authority-Statement of witnesses recorded by Enquiry Officer in absence of accused-Dismissal order in circumstances, held, not only against mandatory provisions of Art. 32, K. S. R., Vol 11, but also violative of principle of natural justice---­No one should be condemned un heard-Audi alteram partem­----Maxim. (b) Civil service- -- Mala fides-Punishing authority while passing dismissal order recording opinion based on his own knowledge received from some complainant having bearing upon alleged misconduct but even before perusal of Enquiry Report and extraneous to Enquiry Report­Pre-judice harboured by punishing authority, in circumstances, held, smacking of mala fide-Dismissal order, held, not sustainable. (c) Azad Jammu & Kashmir Government Rules of Business, 1975- Sched. V, Part III-Punishment-Powers delegated to Heads of rice-Dismissal order passed by Revenue Minister-Held, without jurisdiction and void ab initio. Kh. Bashir Ahmed Farooqi for Appellant. Additional Advocate-General for Respondents. Date of institution : 26th February, 1977. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-This service appeal under section 4 of the Azad J & K Service Tribunals Act, 1975, is directed against the order of respondent No. 1 dated 18-10-1976 whereby the appellant was dismissed from service on charges of corruption and misconduct. The facts which led to the filing of present appeal briefly are that the appellant was a Patwari in the Revenue Department and was posted in Tehsil Bhimber at the relevant time when on a written complaint against him by one Massoed Ahmed resident of Village Broho, Tehsil Bhimber of tampering with the Revenue record and making false and incorrect entries in it and the preliminary report thereon by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492