AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR versus MUJAHID HUSSAIN NAQVI
Written application before the High Court Maintenance Three, dismissing the Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), Section 4 Azad Jammu and Kashmir Interim Authorization Act (VIII of 1974), sections 44 and 47 of the Civil Service Changes and Services. The appeals filed by the employees against the order of his reversal were heard before the service tribunal when he was dismissed from the job, later the appeals were withdrawn and the writ petition was filed, All orders, including the dismissal order, were challenged. In relation to the employee's contrary order, his appeals before the service tribunal were enforceable. And it was only the service tribunal that had the jurisdiction to decide, whether the reversal orders were properly approved or the employee's dismissal, the effect of snatching the service tribunal's jurisdiction to decide the appeal employees. Had not happened According to Section 47 of the Azad Jammu and Kashmir Interim Constitution Act of 1974, the circumstances, withdrew the appeals from the service tribunal, the High Court had no jurisdiction to maintain the dispute on which the service. The tribunal had exclusive jurisdiction which had to be decided first. The question of jurisdiction was not upheld before the High Court approving the writ petition filed by the employee in respect of its reversal order.
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