Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 42(12)---Petition for leave to appeal---Delay, condonation of--­Petition was barred by limitation of one day for which neither petitioner had furnished sufficient explanation nor had moved application for condonation of delay---Delay of each and every day was to be explained by the petitioners for lodging petition after prescribed period of limitation---Petition otherwise being incompetent and barred by time, was dismissed. Mehboob and another v Muzaffar Din 1992 SCR 338; Azad Jammu and Kashmir Government v. Rashid Ahmed Katel Civil P.L.A. No.41 of 1987 and Azad Government of the State of Jammu and Kashmir v. Ch. Muhammad Latif PLD 1983 SC (AJ&K) 70 ref. ORDER This petition for leave to appeal has been directed against the impugned judgment passed by the High Court on 29-11-2001, whereby the writ petition filed by the respondent herein was accepted and his removal from service was declared to be without lawful authority. 2. The necessary facts. giving rise to the present petition for leave to appeal, are that the respondent challenged the notification of Government, dated 21-4-2001, whereby he along-with many others was removed from service on the basis of report of the Inquiry Committee appointed by the Government to examine the cases of illegal and irregular appointments and such appointments which were made beyond the budgetary provisions in the Development Authority, Muzaffarabad. The Committee appointed by the Government through notification dated 23-12-2000 submitted its report on the basis of which the respondent and many others listed in the schedule attached to notification, dated 21-4-2001 were removed from service. The respondent through his writ petition under section 44 of the Azad Jammu and Kashmir Interim Constitution Act called in question the notification of Government, dated 21-4-2001, whereby he was removed from service. The writ petition, as stated earlier was accepted by the High Court vide the impugned judgment, dated 29-11-2001 and the recommendation of the Committee to the extent of removal of respondent from service was declared to be arbitrary and without…

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