Case Details

Citation(s)
1998 SLG 1591 1998 SLD 1591 1998 PLC 1364
Supreme Court (AJ&K)
Civil Appeal No. 17 of 1998, decision dated: 2-06-1998. (On Appeal from the Order of the High Court dated 4-10-1997 in Writ Petition No. 72 of 1996).
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J

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Maulana GHULAMUDDIN

VS

AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad and 2 others

Law:

Section:

Azad Jammu and Kashmir Civil Servants Appeal Rules, 1991-------Rr. 4 & 6(2)---Appeal---Appellant/civil servant filed appeal before Appellate Authority against order of Authority concerned whereby date of appointment of appellant/civil servant was adversely changed--­Appellant/civil servant kept on sending reminder requesting for disposal of his appeal. but his requests did not bear fruit and appeal remained pending for disposal---Delay in deciding appeal could not be justified especially when Authority had not explained such delay- --Directions were issued to Authority that appeal filed by appellant/civil servant be decided within specified period. Shabir Ahmad v. Azad Government and others 1997 PLC (C.S.) 478; Ch. Muhammad Hussain v. Azad Government of the State of Jammu and Kashmir 1997 PLC (C.S.) 1047; S.H.M. Rizvi v. Maqsood Ahmad PLD 1981 SC 612 and Farooq Ahmad Khan v. Shaukat Jan Buch 1998 PLC (C.S.) 425 ref. Sardar Rafique Mahmood Khan, Advocate for Appellant. Kh. Atta Ullah, Additional Advocate-General and Syed Nazir Hussain Shah Kazmi, Advocate for Respondents. Date of hearing: 1st June, 1998. JUDGMENT BASHARAT AHMAD SHAIKH, J.---The appellant is a Lecturer in Jamia Islamia Khari Sharif, an institution rum by the Auqaf Department. An order was passed by the Chief Administrator of Auqaf on 26th of July, 1994 whereby the date of appointment of the appellant was adversely changed. He therefore preferred an appeal before the Prime Minister of Azad Jammu and Kashmir on 2nd of August, 1994 for vacation of the Chief Administrator's order. The appellant states that he kept on sending reminders requesting for disposal of his appeal but the requests did not prove fruitful. He then filed a writ petition on 7th of April, 1996 seeking a direction against the Azad Government of the State of Jammu and Kashmir, respondent No. l in the writ petition, that the appeal filed by the appellant on 2nd of August, 1994 may be decided. The writ petition was dismissed by a learned Judge in the High Court on 4th of October, 1997. This judgment will dispose of the appeal filed to challenge the aforesaid order of the High Court. 2. It was argued before the High Court that the…
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