Case Details

Citation(s)
1992 SLG 981 1992 SLD 981 1992 PLC 811
Service Tribunal (AJ&K)
Service Appeal No. 527 of 1991, decided on 31st December, 1991.
SARDAR MUHAMMAD SAJAWAL KHAN, CHAIRMAN AND RAJA MUHAMMAD ASHRAF KAYANI, MEMBER

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JAVID IQBAL KHAN

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 3 others JAVID IQBAL KHAN vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 3 others

Law:

Section:

(a) Civil service- ---- Removal from service---Civil servant was removed from service after holding enquiry against him on charges like absence from duty, inefficiency, laziness and bad performance---Appellate Authority, on appeal, recommended that civil servant in view of his-young age be given a fresh chance of service in department and his service career be watched during his probationary period of appointment---Civil servant not satisfied with order of Appellate Authority filed second appeal which was dismissed not being competent and time­barred---Civil servant challenged orders of Authorities before Service Tribunal by filing appeal---Civil servant was removed from service by Authority concerned after properly charge-sheeting him---If charges against civil servant on basis of which he was removed from service, were framed and Appellate Authority had not found him innocent, order of Appellate Authority according to which fresh appointment of civil servant was ordered, was not justified--­Portion of service would be excluded from period of service of civil servant in department---Civil servant could not be recommended for lesser punishment--­In absence of cross-appeal on part of Authority against order of Appellate Authority, verdict of Appellate Authority was upheld by Service Tribunal. (b) Civil…
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