Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976--- ---S. 12--Civil servant, retirement of--Conditions--Government is empowered to retire a civil servant who had completed twenty-five are of service, qualifying for pension--Such right of Government, however, would be subject to condition that action taken against civil servant wits in public interest--Where a civil servant. had completed twenty-five years of service, qualifying for pension, if his case wits not to be dealt with under provisions of Efficiency and Discipline Rules, then his retirement could be made in public interest--Where retirement of a civil servant had not been made in public interest, order of retirement would be void, illegal and against the norms of justice--Such order being a nullity would not be binding on civil servant. (b) Azad Jammu and Kashmir Service Tribunals Act, 1975-- ---S. 4--Appcal--Limitation--Order under appeal, a nullity--Effect-Where impugned order was roved to be it nullity in the eye of law, question of limitation impugned order not arise--Appeal against such order, even if. filed beyond prescribed period, would be maintainable--Matter of condonation of period of limitation would not be relevant in cases where order under appeal had been passed without jurisdiction. (c) Azad Jammu and Kashmir Civil Servants Act, 1976-- ---S. 12(ii)--Retirement of civil servant--Denial of right of hearing--Justification of--Any action by Government or competent authority under guided principles, against a civil servant could not be termed against principles of natural justice-­Civil servant, in respect of whom retirement order was proposed to be under provisions of S.12(ii) of Civil Servants Act would not be entitled to opportunity of hearing. (d) Natural justice, principles of-- --- Any action by Government/Authority under guided principles against a civil servant could not be termed as against principles of natural justice. (e) Azad Jammu and Kashmir Civil Servants Act, 1976-- ---S. 12(ii)--Azad Jammu and Kashmir Service Tribunals Act, 1975, S.4--Appeal against retirement--Civil servant retired after completion of twenty-five years of service qualifying for pension--Order of…

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