1992 PLP (C (PLC(CS))

S.47

Jurisdiction of Administrative Courts and Tribunals

Extent and scope

Administrative Courts and Tribunals could be established to exercise exclusive jurisdiction in respect of matters relating to terms, conditions and discipline of the persons who were in the service of Azad Jammu and Kashmir Government

When administrative Courts were established, no other Court was empowered to make any order in respect of any matter to which jurisdiction of such administrative Courts or Tribunals was extended

Limited right of appeal on a substantial question of law of public importance before Supreme Court has been provided against decision of administrative Courts/Tribunals. PLD 1980 SC (AJ&K) 5 ref.

S.44

Jurisdiction

Extent of

Jurisdiction under S. 44 of the Interim Constitution Act could be exercised by the High Court subject to the other provisions of the Constitution.

Ss.44 & 47

Relief to civil servant

Forum

After establishment of Service Tribunal, if any civil servant was eligible to get relief from the Tribunals, established under S.47 of the Interim Constitution Act, High Court in exercise of its powers under S.44 of the Interim Constitution could not grant any relief to such civil servant for its jurisdiction has been expressly barred by the Interim Constitution Act, 1974.

S. 4

Jurisdiction of Service Tribunal

Ouster of

Service Tribunal would be competent to hear appeal against the order of competent authority made in consequence of departmental inquiry where penalty imposed on a civil servant was one of dismissal, removal, reduction in rank or compulsory retirement from service

Jurisdiction of Service Tribunal in absence of such mentioned facts, was ousted

Where aggrieved person was serving in the Ministerial Establishment of High Court when impugned order was passed against him, he could not invoke appellate jurisdiction of Service Tribunal for redress of his grievance

Jurisdiction of Service Tribunal was also ousted where order in question, related to decision of Authority determining fitness or otherwise of a person to be appointed or to hold a particular post. PLD 1980 SC AJ&K 5 ref.

S.12

Appointment of Registrar of the High Court

Person who was not a Law graduate could be appointed as Registrar of the High Court

Petitioner although a Matriculate was rightly appointed as Registrar of High Court.

R.20

Penalty

Petitioner being employee of High Court Establishment, Chief Justice of the High Court was the only competent Authority who could pass any adverse order against petitioner under High Court Establishment (Appointment and Conditions of Service) Rules, 1975--Impugned order having been passed by Government had no competence.

S.12

High Court Establishment (Appointment and Conditions of Service) Rules, 1975, R.20

Azad Jammu and Kashmir Civil Servants Act, 1976 and rules framed thereunder were made applicable to employees of judicial department from 8th December, 1983 and it was not given retrospective effect

When impugned order, whereby petitioner was reverted was passed, Azad Jammu and Kashmir Civil Servants Act, 1976, was not applicable to petitioner

Impugned order was, therefore, not warranted by law.

S.44

Constitutional jurisdiction, exercise of

Adverse order passed against petitioner by the Government was not warranted by law

High Court was the competent forum to pass such order at relevant time

Impugned order of Government whereby petitioner was reverted to junior post was declared to have been passed without lawful authority and of no legal effect

Petitioner, however, having retired from service, he would be entitled to receive emoluments and other benefits of the post of Registrar from the date when impugned order was passed till the day when he retired.