Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Acct (VIII of 1974)- --S.44---Azad Jammu and Kashmir Service Tribunals Act 1975, S.4--­Application for writ of quo warranto and appeal before Service Tribunal---Distinction---Scope of appeal and writ petition different---Writ of quo warranto could be sought to get a public office vacated if it could be proved before the High Court that same was being illegally occupied or usurped---Appeal before Service Tribunal could be filed when civil servant felt aggrieved by a final order passed by departmental Authority, over-riding condition being that his grievance should relate to terms and conditions of his service. The scope of an appeal before the Service Tribunal was vastly distinct and different from the application for a writ of quo warranto envisaged by section 44 of the Interim Constitution Act. In an appeal under section 4 of the Service Tribunals Act if a civil servant was aggrieved by a final order passed by a departmental authority he could file an appeal before the Service Tribunal, but the overriding condition was that it should relate to any of terms and conditions of that civil servant. It is implicit in an appeal before the Service Tribunal that the appellant has to seek a relief for himself. On the other hand a writ of quo warranto could be filed by any person without being aggrieved of any order. A writ of quo warranto was sought to get a public office vacated if it can be proved before the High Court that it was being illegally occupied or usurped. Section 47 of the Interim Constitution Ad does have the effect that as long as section 4 is in existence the powers under section 44 cannot be exercised by the High Court but this is subject to the condition that matter must relate to appellant before the and conditions of the service of a civil servant who is an adversely affecting, Service Tribunal and seek annulment of an order adversely affecting his service rights. Muhammad Aslam Bajwa v. federation of Pakistan PLD 1974 Lah.545; Mir Saddar Bin v. Government of AJ&K PLD 1976 AJ&K 1; Muhammad Hashim Khan v. The Province of Balochistan PLD 1976 Quetta 59; Dr. Raja Manzoor Elahi v. North-West…

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