Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977--- ----R. 6---Civil servant, a jail warden---Charge of neglecting official duty by civil servant and thereby abetting commission of the offence of escaping from legal custody by prisoners---Authorised officer assuming role of Inquiry Officer himself proposing punishment against civil servant on basis of record of past service of civil servant to present charge---Nothing was brought on record for proving charge of neglecting official duty by the civil servant and thereby abetting commission of offence in question---Examination of other accused civil servants could not be used as evidence for imposing major penalty against their co-accused (civil servant)---There being no compliance with provisions of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, penalty imposed upon civil servant on basis of inquiry report was not warranted by law. (b) Azad Jammu and Kashmir Service Tribunal Act, 1975---- ----S. 4---Appeal---Limitation---Departmental remedy---Availing of---Postal record produced by civil servant amply proved that he had filed departmental appeal against order of dismissal---No decision, however, was taken on his departmental appeal within statutory period of ninety days---Civil servant having brought his appeal on expiry of period of ninety days his appeal was well within time. Muhammad Farid Khan for Appellant. Sh. Abdul Aziz for Respondents. ORDER SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN):---This is an appeal by Muhammad Yaqoob ex-Jail Warder of District Jail, Mirpur against the order of his dismissal No: 1674, dated 29-10-1990 which was made by the Inspector-General of Jails Azad Jammu and Kashmir (respondent No. 3). The appellant has impleaded Secretary,. Jail, Inspector-General of Police, Inspector-General of Jails and Superintendent District Jail, Mirpur Azad Jammu and Kashmir Government as respondents for the redress of his grievances. 2. The facts giving rise to this appeal are that at the relevant time of incident, the appellant was posted as Jail Warder in District Jail, Mirpur. On the night falling in between 30th and 31st July, 1990, he…

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