Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- --Rr. 5 to 12--Azad Government of the State of Jammu and Kashmir Rules of Business, 1975, Part III, Sched. V--Azad Jammu and Kashmir Interim Constitution Act; (VIII of 1974), S. 53 (A)--Disciplinary action-­Powers and functions of Authorised Officer not to be exercised by Authority--Proceedings against Officer of status of Junior Class I (B.P.S.-17)--Powers of Authorised Officers vesting in Minister Incharge of Department--- Mere fact that Cabinet had been dissolved and Office of Minister was vacant by itself in no way conferred powers of Authorised Officer on any other authority including Government--Government not helpless to meet such on exigency arising out of non-existence of Minister and could designate any Officer as Authorised Officer--Order passed by Chief Executive by exercising all powers of Authorised Officer as well i.e. issuance of charge-sheet, appointment of Enquiry Officer and assessment /appraisal of enquiry report, held, violative of rules and not maintainable. Muhammad Bashir Jaffari v. Azad Government 1984 P L C (C.S.) 1489 rel. (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- ---R. 7(3)--Enquiry--Recording of evidence in absence of accused and no opportunity to accused to cross-examine witnesses--Vitiates enquiry report and resultant order based upon such report. Kh. Muhammad Saeed for Appellant. Mirza Nisar Ahmed, Addl. A.-G. for Respondent. JUDGMENT KH. ABDUS SAMAD (MEMBER).--The appellant has challenged the Government Order No. 4593-4600/79, dated 23-8-1979, under section 4 of the Azad Jammu and Kashmir Service Tribunal Act, 1975, whereby the appellant was compulsorily retired from the service by the respondent. By virtue of this appeal the appellant prays for setting aside the impugned order and restoration to his original post with all back benefits. Briefly the facts leading to this appeal are that appellant was posted as District Agriculture Officer Kotli, when the respondent appointed Dr. Muhammad Karim, Principal, Agriculture Institute Garhi Dupatta, as Enquiry Officer vide Order No.9569-70/78, dated 14-12-1978 to…

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