MUNIR HUSSAIN SHAH versus SECRETARY, FORESTS DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZATLARABAD
Section 4 Fitness was not feasible for health or otherwise, the appointment of a person or holding a particular position or being promoted to a higher rank or grade was made on the basis of respondents' development order on the basis of better educational ability. Because the appellant was not competent for promotion where appellant could prove that he was fit for promotion and defendant's promotion order was made in violation of the rules. That would not happen in section 4, the Service Tribunals Act 1975. The service tribunal stands in the way of the appellant's appellant before the service tribunal, therefore, there was jurisdiction to hear the appeal where defendant's promotion rules violated.
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