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Petitioner: KHADIM HUSSAIN SHAH VS Respondent: AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
1992 P L C (C
1992 P L C (C.S)1266
[Service Tribunal Azad J&K1
Present: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member
Syed KHADIM HUSSAIN SHAH
Versus
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR and 2 others
Service Appeal No. 504 of 1990, decided on 8th September 1991.
(a) Civil service---
----Misconduct---Civil servant was discharged from service for misconduct after ex parte enquiry proceedings---Validity---No proper notice was served upon civil servant---In absence of proper service of notice upon civil servant, ex parte proceedings taken by Enquiry Officer against him were vitiated.
(b) Azad Jammu and Kashmir Service Tribunal Act, 1975---
----S. 4---Appeal---Limitation---Civil servant after dismissal of his revision petition, before Authority was required to file appeal before Service Tribunal within thirty days---Civil servant's appeal filed beyond period of thirty days from dismissal of his revision by Departmental Authority was prima facie barred by limitation---Civil servant's explanation was that order of dismissal of his revision was conveyed to him belatedly and from communication of that order, appeal filed before Service Tribunal was not barred---Such contention having not been controverted, appeal was deemed to have been filed within time---Fresh enquiry was directed to be started against civil servant.
Ishfaq Hussain Kayani for Appellant.
Raja Ibrar Hussain for Respondents.