Case Details

Citation(s)
2001 SLG 2030 2001 SLD 2030 2001 PLC 1187
Federal Service Tribunal, Islamabad
Appeals Nos.841-R, 842-R, 875-R and 878-R of 1997, decision dated: 27-07-1998.
GULBAZ KHAN, CHAIRMAN AND MUHAMMAD AYUB KHAN, MEMBER

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Muhammad Ayub Khan, Member ABDUL LATIF and 3 others

VS

THE SECRETARY/CHAIRMAN, AZAD JAMMU AND KASHMIR COUNCIL and others

Law:

Section:

(a) Civil service-------- Departmental Authorities, duty of---Administration of justice---Legal duty of administration to d3 justice at the grass roots level as required under law on the subject ---Deparmental Authorities should not look forward for decision outside the Department but were supposed to administer justice to civil servants falling under the administrative control in all Utters, including seniority and promotion---Primary duty of Departmental Authorities was to administer even-handed and complete justice to their subordinates---Role played by Departmental Authorities was most important and essential whereas role of Courts would become subservient, but simultaneously not lesser in importance in event of any injustice, if committed being the Courts of last resort. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.8-B---Appointment on "acting charge basis"---Principles---Appointment on "acting charge basis" was made when officer/official was eligible for appointment to post, but- lacked specified length of service---Civil servant need not be allowed to linger on for an indefinite period on acting charge appointment and the moment requisite length of service was completed, no further justification existed for continuance of acting charge appointment--­Acting charge appointment must be given to person who were senior most according to seniority list and in that respect Appointing Authority had got no discretion at its sweet-will---Discretion needed to be exercised judiciously based on merit. 1983 SCMR 609; 1986 PLC (C.S.) 637; 1997 SCMR 1730; 1991 SCMR 2330; 1985 SCMR 1394; 1996 SCMR 1334; 1998 SCMR 736 and 1995 SCMR 429 ref. Shah Abdur Rashid for Appellant (in Appeals Nos.841-R and 842-R of 1997). Afnan Karim Kundi for Respondents Nos.l and 2 (in Appeals Nos. 841-R and 842-R of 1997). Abdur Rashid Awan for Private Respondents (in Appeals Nos. 841-R and 842-R of 1997). Shahbaz Yar Khan for Appellant (in Appeal No. 875-R of 1997). Afnan Karim Kundi for Respondents Nos.l to 3 (in Appeals Nos. 841-R and 842-R of 1997). Abdur Rashid Awan for Respondents Nos.4 and 5 (in Appeals Nos.841-R and 842-R of 1997). Shah Abdur Rashid for…
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