Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001----------Ss.2-A & 3---Azad Jammu and Kashmir Rules of Business, 1985---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Appointment---Notification of fresh inquiry---Validity---Petitioner was appointed as .Headmistress (B-17) on recommendation of Public Service Commission---After appointment of petitioner an anonymous application was sent to different Departments of Government alleging therein that petitioner was M.A. (3rd Division) and that she had illegally obtained appointment posing as M.A. History (2nd Division)---Petitioner had claimed that various Authorities like Accountant General, Ehtesab Bureaue and D.P.I. Schools had inquired into the matter and came to the conclusion that application/complaint filed anonymously against petitioner was baseless and false---Subsequently vide impugned Notification issued by Educational Secretariat, competent Authority had directed for fresh inquiry against petitioner on basis of same allegations' and Deputy Secretary Education was appointed as Inquiry Officer who had issued letter for further proceedings---Petitioner had challenged said notification and letter issued by Inquiry Officer alleging; firstly that matter had already been inquired into by different Authorities and complaint against her having been declared false, fresh investigation on anonymous application was without lawful authority; secondly that impugned Notification having not been published in the official Gazette, was violative of law; thirdly that fresh inquiry was being initiated on basis of an anonymous complaint without any proof in respect thereof and fourthly that impugned Notification was without jurisdiction---Validity---Inquiries though had been conducted by some officers, but those officers/Authorities could not be taken at par with Authority envisaged by Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001---Under section 3 of Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001, until powers for an inquiry and final order were delegated to any…

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