Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-- ----S.47---Jurisdiction of Administrative Courts and Tribunals---Extent and scope---Administrative Courts and Tribunals could be established to exercise exclusive jurisdiction in respect of matters relating to terms, conditions and discipline of the persons who were in the service of Azad Jammu and Kashmir Government---When administrative Courts were established, no other Court was empowered to make any order in respect of any matter to which jurisdiction of such administrative Courts or Tribunals was extended---Limited right of appeal on a substantial question of law of public importance before Supreme Court has been provided against decision of administrative Courts/Tribunals. PLD 1980 SC (AJ&K) 5 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.44---Jurisdiction---Extent of---Jurisdiction under S. 44 of the Interim Constitution Act could be exercised by the High Court subject to the other provisions of the Constitution. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss.44 & 47---Relief to civil servant---Forum---After establishment of Service Tribunal, if any civil servant was eligible to get relief from the Tribunals, established under S.47 of the Interim Constitution Act, High Court in exercise of its powers under S.44 of the Interim Constitution could not grant any relief to such civil servant for its jurisdiction has been expressly barred by the Interim Constitution Act, 1974. (d) Azad Jammu and Kashmir Service Tribunal Act, 1975--- ----S. 4---Jurisdiction of Service Tribunal---Ouster of---Service Tribunal would be competent to hear appeal against the order of competent authority made in consequence of departmental inquiry where penalty imposed on a civil servant was one of dismissal, removal, reduction in rank or compulsory retirement from service---Jurisdiction of Service Tribunal in absence of such mentioned facts, was ousted---Where aggrieved person was serving in the Ministerial Establishment of High Court when impugned order was passed against him, he could not invoke appellate jurisdiction of Service Tribunal for…

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