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DR. SHEHLA WAQAR versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY


Section 44 Independent Government of the State of Jammu and Kashmir Rules of Business, 1985, R8 (G), 9 (4) and 13 (3) Written Petition sent to the Chief Executive for the approval of the Civil Service Prime Minister, Secretary, Treasury. , In which it was proposed that the file be made in two positions of the BPS 20, namely, Director General, Budget and Director General, Monitoring and Processing, Finance, the Prime Minister approved the proposal by the Chief Secretary. Shipped with Applicants file back their writ petitions to the Chief Secretary for further processing. The petitioners sought the direction of the Chief Secretary to implement the Prime Minister's order which was not implemented by the Chief Secretary, which is his legal responsibility. And that the delay and implementation of the Prime Minister's order were business rules for the violation of the Constitution and business rules. The Azad Jammu and Kashmir Interim Constitution was enacted under Section 58 of the Act, 1974. The Chief Secretary was not allowed to file properly executed in light of the procedure required to go into compliance with the Business Order, which was approved under the Prime Minister's Rules of Business Approval. Was violated, it was terminated in violation of it. The rules of business cannot direct the High Court Chief Secretary to notify the invalid order relating to the formation of the posts and the approval of the Rules Order will be nullified if it is filed with any authority.

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