SYED NAEEM GILANI versus SECRETARY FINANCE/COOPERATIVE (FINANCIAL ACCOUNTING OFFICER), MUZAFFARABAD
RR 3 and 4 Rules of Business (AJ&K) R48 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Applicants of the Supreme Court to the jurisdiction of the Secretary Finance to abolish Section 42 office bearers. The appeal was made. The positions on which the applicants were appointed were later advertised on closing grounds and the applicants participated in the advertisement response, tests and interviews and as a result they were qualified and made the same. But he was placed in the merit position on the basis of which he was eligible for appointment. The posts said; But after the notification, the Secretary Finance said that the lawyers for the applicants of the letters stated that this was not the jurisdiction of the Secretary of Finance, because under the Delegation of Financial Power Rules, 1994, the secretary was eligible for termination of finance positions. Was not submitted by the counsel for the petitioners. In the Second Schedule to the Financial Power Rules 1994, the elimination of non-gazette posts was delegated to the incoming officer in Category II, and the secretary finance, who was the finance secretary, was not eligible for the cancellation of non-gazette posts. Under R3 of the Financial Power Rules 1994, all the powers specified in column 3 of the entries and schedule mentioned in the second schedule may be exercised by the superior authority or officer mentioned in column 3. That is, Officer Category II was shown to be able to remove non-gazette posts. Under this, the secretary of the department said that the rules enable the abolition of non-gazette posts. The powers of the Delegation of Financial Powers Rules 1994 were not dissociated from the powers and the Secretary
Related judgments — Supreme Court Azad Kashmir, 2010
