| Citation(s) |
|---|
| 1986 SLG 2362 1986 SLD 2362 1986 PLC 982 |
Service Tribunal (AJ&K)
Service Appeal No. 240 of 1983, decided on 23rd July, 1986
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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Service Appeal No. 240 of 1983, decided on 23rd July, 1986
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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PUN00 KHAN
VS
SECRETARY AUKAF, MUZAFFARABAD and another
Law:
Section:
Azad Jammu and Kashmir Service Tribunal Act, 1975-- ---Ss. 2(b) & 4--Term "civil servants", connotation of--Staff of Auqaf Department not maintained out of consolidated fund could not be deemed to be "civil servants"--Only such persons, held, would be "civil servants" for purpose of Service Tribunals Act, who performed functions or, hold any post in connection with affairs of Azad Jammu and Kashmir Government--Nature of duty of Auqaf organization was not such that same could be termed as business in connection with affairs of Government--Appeal by an employee of Auqaf Department would not be maintainable before Tribunal in view of bar of S. 4 of Service Tribunals Act, 1975. Khawaja Muhammad Saeed for Appellant. Raja Muhammad Hanif Khan for Respondents. Date of hearing: 23rd July, 1986. JUDGMENT MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN).--The appellant has assailed the orders of respondent No.l, dated 12-9-1983, thereby the appeal of the appellant, against the order passed by Chief Administrator Auqaf on 7-7-1983 was upheld. The facts of this case briefly are that the appellant was suspended from duty on 11-4-1983 by Chief-man Administrator Aukaf and he was charge-sheeted vide No. 2440 dated 18-6-1983. Subsequently, he was removed from the service vide order No.285659 of 1983, dated 7-7-1983, by the Chief Administrator Aukaf. He preferred an appeal, against the order dated 7-7-1983 before the Secretary Aukaf and the appeal was rejected by the Secretary Aukaf on 12-9-1983. A review petition was also submitted to the Secretary Auqaf, which was accepted by him on 14-4-1983, and the removal of the appellant from the service was set aside. He was re-instated to service, but the period from the date of suspension to the date of rejoining service was ordered to be treated as leave without pay. 2. The present appeal had been preferred against the order dated 7-7-1973 and 12-9-1983, whereby the appellant was removed from service. On 7-10-1985 an application was moved by the learned counsel for the appellant for an amendment to challenge the deprivation of pay for the period, the appellant remained out of service on account of suspension and removal. Objections to thisβ¦
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