Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunals Act 1975-- ---S. 4---Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, Rr. 5 & 6--Removal from civil service--Limitation for appeal before Service Tribunal--Remedy sought before wrong forum--Effect--Period of limitation for appeal before Tribunal is thirty days from the date of communication of final order--Where remedy was available before any departmental authority, civil servant could avail such remedy and if any decision was not taken by departmental authority, such civil servant after waiting for ninety days could approach Service Tribunal for redress of his removal---Where civil servant did not resort to appropriate remedy before the' authorities empowered to grant relief under Service Laws but chose to avail of a remedy through constitutional jurisdiction of High Court after six months of impugned order, period spent in wrong forums though excluded as per directions of Supreme Court, there being no explanation of period from impugned order and filing of constitutional petition, such period could not be excluded-­Appeal filed beyond period of limitation being barred by time was rejected in circumstances. (b) Azad Jammu and Kashmir Service Tribunals Act, 1976-- ---S. 4---Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, Rr. 5 & 6--Removal from service--Appeal before Service Tribunal- -Limit4tion, in case of review petition preferred before authority but no decision thereon--No appeal, held, was maintainable before Service Tribunal, unless a decision had been taken on review petition by Authority or until a period of ninety days had elapsed, since the presentation of review petition, and before presentation of appeal before Tribunal. (c) Azad Jammu and Kashmir Public Service Commission Ordinance, 1978-- ---R. 8(a)--Azad Jammu and Kashmir Public Service Commission (Function) Rules, 1978, R.6--Ad hoc appointment in civil service subject to recommendation through Public Service Commission--Such ad hoc appointee not approved by Public Service Commission--- Removal from service assailed--Where appointment was made subject to recommendations of Public…

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