Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1975-- ---S. 12(ii)--Retirement after completion of 25 years' service qualifying for pension--Recommendations of Review Committee--Do not affect validity of order of competent authority--Competent authority not debarred to get assistance of any subordinate agency for due discharge of its duties. (b) Azad Jammu and Kashmir Civil Servants Act, 1975-- ---S. 12(ii)--Retirement after completion of 25 years' service qualifying for pension--Show-cause notice--Not required--Competent authority not bound to associate civil servant concerned or anybody else in determination of public interest. (c) Azad Jammu and Kashmir Civil Servants Act, 1975-- ---S. 12(ii)--Azad Jammu and Kashmir Service Tribunals Act, 1975, S.4--Retirement after completion of 25 years' service qualifying for pension--Jurisdiction of Tribunal--Whether Tribunal can go into legality or propriety of order of competent authority--Competent authority sole judge of expediency or necessity of passing order--Competent authority when lays down a yardstick or criteria or evolves a formula for determination of suitability of persons in public interest same should be followed strictly to avoid discrimination--Review Committee deviating from such yardstick and formula in presenting true facts before competent authority--Action of Committee as well as of competent authority for such misrepresentation becomes mala fide even if no malice or bad intention appears in mind of Committee--Consequently action of competent authority in violation of its own formula would lead to conclusion that competent authority in fact never intended such action and same will stand on same footing as a mala fide action' or action without jurisdiction--Matter would fall within jurisdiction of Tribunal--Review Committee erroneously assessing civil servant's service record contrary to laid down formula of assigning marks on basis of A.C.Rs.--Order passed by competent authority on basis of such misrepresented facts and assessment by Committee, in circumstances, set aside by Tribunal. 1983 P L C 360 rel. Khawaja Muhammad Saeed for Appellant. Additional Advocate-General for the State. JUDGMENT…

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