Case Details

Citation(s)
2004 SLG 1618 2004 SLD 1618 2004 PLC 858
Supreme Court (AJ&K)
Civil Appeal No. 113 of 1999 decided on 2nd February. 2000. (On appeal from the judgment of the Service Tribunal dated 17-1-1998 in Service Appeal No.83 of 1997).
SARDAR SAID MUHAMMAD KHAN C.J., AND BASHARAT AHMAD SHAIKH, J

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ABDUL KHALEEL GANAIE and 14 others

VS

SABIR HUSSAIN and 6 others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---------S.47(3)---Petition for leave to appeal---Limitation---Petition for leave to appeal was time-barred by 488 days and petitioner could not prove that he came to know about impugned of Service Tribunal only one week prior to filing of petition for leave to appeal---Petition for leave to appeal or for that matter appeal filed were hopelessly time ­barred---Petitioner having failed to show any sufficient cause for condonation of delay, appeal was dismissed being barred by time. Tariq Bin Saeed v. Raja Muhammad Razzaq and others [Civil Appeal No.64 of 1999; Sardar Aftab Ahmed and 5 others v. Maj. (Retd.) Muhammad Aftab Ahmed and 3 others 1999 MLD 187; Dr. Muhammad Sarwar v. Dr. Muhammad Sharif Chatter and others 1998 PLC (C.S.) 127 and Umar Hayat v. Azad Govt. of the State of J&K and others 1999 PLC (C.S.) 93 ref. Ghulam Mustafa Mughal, Advocate Supreme Court for Appellants. Sardar Rafique Mahmood Khan, Advocate Supreme Court for Respondent No. 1. Raja Shiraz Kayani, Advocate-General for Respondents Nos.2 to 4. Raja Muhammad Hanif Khan, for Respondents No.6 and 7. Date of hearing: 13th January, 2000. JUDGMENT SARDAR SAID MUHMMAD KHAN, C.J.---This appeal, with leave of-the Court, has been filed against the judgment of the Service Tribunal dated 17-1-1998, whereby the appeal filed by respondent No. 1 was accepted. 2. The brief facts of the case are that Sabir Hussain, respondent No.1, was appointed as Section Clerk in the Civil Secretariat on 131-3-1971. Subsequently, he was promoted and posted as Assistant in Azad Jammu and Kashmir Pubic Service Commission; he was temporarily, promoted as Superintendent in B-13 in the office of the Public Service Commission on 29-7-1979; he was transferred and posted as Assistant Manager, Khad, in B-16 in the Agriculture Department on 5-1-1981; and thereafter he was promoted as District Manager, Khad, in B-17 on the recommendation of respective Selection Board in 1991. On 21-5-1996, respondent No.1 was again transferred as Section Officer in the Secretariat for a period of three years with the condition that his appointment as Section Officer in the Civil…
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