Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---University of Azad Jammu and Kashmir Act, 1985, Ss. 10(2) & 38---Writ petition, competency of---Petitioner/civil servant who was dismissed from service after holding enquiry against him on charge of corruption, had challenged order of his dismissal directly filing writ petition against his dismissal---Writ petition was objected to on ground that same was not competent because adequate alternate remedies in form of appeal, review and revision were available to petitioner/civil servant under relevant Rules--­Order dismissing petitioner/civil servant from service was passed by Assistant Registrar and Vice-Chancellor who was Chairman of Syndicate, was Appellate Authority under S. 38 of University of Azad Jammu and Kashmir Act, 1985 and Rules framed thereunder---Order of dismissal no doubt, had shown that Vice-Chancellor had also agreed with recommendations made by Inquiry Officer, but that itself was not sufficient to conclude that appeal before Syndicate of which Vice-Chancellor was Chairman, would have been a futile exercise---Mere fact that Vice­ Chancellor agreed with report of Inquiry Officer, would also not render provisions regarding appeal to Syndicate as nugatory---Petitioner/civil servant having failed to avail adequate alternate remedy of appeal before Vice-Chancellor who was Chairman of Syndicate, his writ petition was rightly dismissed being incompetent. Novelty Enterprises Limited, Tariqabad, Mirpur v. Deputy Collector, Excise and Taxation/Sales Tax Officer 1993 CLC 1165; Nek Muhammad v. Roda PLD 1986 SC (AJ&K) 23; Messrs Haroon Brothers v. Drugs Registration Board 1992 CLC 1017; Registrar, Cooperative Societies, Mirpur v. Muhammad Siddique PLD 1985 SC (AJ&K) 56; The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division PLD 1972 SC 279 and Abdul Rehman v. Income­tax Officer, Mirpur Circle 1993 SCR 186 ref. Ghulam Mustafa Mughal, Advocate for Appellant Sh. Abdul Aziz, Advocate for Respondents Date of hearing: 8th December, 1993. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.---This appeal has been directed against the…

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