Law:

Section:

(a) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977- -- R. 2(4)-Show-cause notice against officer of Grade-20 signed by Chief Secretary-Challenged as incompetently issued on grounds that Chief Secretary not being in Grade-22 could not act as Authoris­ed Officer-Record indicating that notice factually issued by Govern­ment being Authority as well as Authorised, Officer-Issuance of notice under signatures of Chief Secretary in his capacity as head of Services, in circumstances, held, renders same as invalid. (b) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977- -- R. 6 ('3) read with Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974), S. 4(4)(15)-Show-cause notice procedure-Dis­pensing with regular inquiry--Rule 6(3) not void-Neither inconsis­tent nor derogatory to equality cl. (15) of S. 4(4) of Azad Jammu & Kashmir Interim Constitution, Act, 1974-Reasonable and rational classification-Permissible legislation provided definite guidelines laid down in such legislation-Rule 6(3) does not confer upon Authorised Officer discretionary powers of pick and choose from class of civil ser­vants-Discretion of Authorised Officer not uncontrolled and unfetter­ed depending upon whims, caprices, likes and dislikes but subservient to and controlled by definite guidelines provided in rules-Authorised Officer empowered to dispense with enquiry and to have resort to show-cause notice procedure only if neither facts of case nor interests of justice not so demand. (c) Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- ----R. 6(3)-Show-cause notice procedure-Discretion to dispense with regular inquiry-To be exercised in judicious manner and not arbit­rarily but for good reasons to be recorded-Charges denied-Issues arising out of allegations and replies of accused such as not possible to arrive at righteous and just conclusions without holding detailed and thorough inquiry-Charges not such as could, be established merely by reference to reward-Authorised Officer resorting to show­cause notice, in circumstances, held, committed an error by not exercising his discretion…

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