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AZAD JAMMU AND KASHMIR UNIVERSITY versus MAJOR (RTD.) RAFIQUE AHMAD DURRANI, EX SUPERINTENDING ENGINEER, AZAD JAMMU AND KASHMIR UNIVERSITY


RR 2, 16 and 19, Sections 11 (3) and 19 (X) of the Azad Jammu and Kashmir Act 1985, the employment of the Vice-Chancellor of the University after the completion of disciplinary proceedings to the respondents of the Supreme Court. Dismissed. According to the University rules and the University Syndicate approved all the steps taken by the Vice-Chancellor in this regard, the High Court rejected the Vice-Chancellor's decision to dismiss the job and said that the Vice-Chancellor had no employees. Had no options to dismiss. The University is in exercise of powers under section 11 (3) of the Azad Jammu and Kashmir Act 1985, but only the Syndicate may order punitive action against the defendant under the provisions of Section 19 (X) of the Azad Jammu and Kashmir Act 1985 Is. Putting the vests in the syndicate was entrusted to the Vice-Chancellor, thus following the proper law of the University as seen by them, saying that they had exercised the right. The question of whether the Vice-Chancellor said that power was lost as a delegate on the pretext of an emergency, in view of the legal status, the emergency-related question was to be taken by the authority authorized by the authority. Circumstances or events can decide whether an emergency exists in approving an order that has had the effect of a routine restoration against the emergency courts, and their own view cannot be taken as to whether a particular event occurred. Whether or not the relevant authority has the option of resorting to emergency powers, unless exceptional circumstances indicate that the authority has demonstrated mismanagement.

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