MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court on Monday observed that non-provision of the copies of public documents was misconduct and malpractice on part of civil servants and amounted to mockery of law.

“The civil servants and all others concerned are directed, in public interest, to act according to the law and ensure that no one is deprived of his right to information,” ruled the two-member bench, comprising Chief Justice Chaudhry Mohammad Ibrahim Zia and Justice Sardar Abdul Hameed Khan.

“Any misconduct in this context amounts to violation of law and in future such acts will be dealt with iron hands,” warned the court, directing that the judgment be dispatched to the chief secretary for compliance by all concerned.

The judgment was given in a civil appeal filed in July last year by Khurram Shahzad against a decision of the AJK High Court on his plea that he had been denied certified copies of the record to establish his claim about merit.

The appellant had applied for the post of statistical assistant (B-11) in the agriculture and livestock department in 2015 but the department appointed Aqeel Shah even though he lacked the requisite qualifications prescribed in the advertisement.

Mr Shahzad challenged the appointment of Mr Shah in the high court which nullified the same in May 2017. However, the high court did not issue direction for his appointment on the grounds that he had not appended any proof to establish his merit for the same.

After hearing both parties and perusing the record, the apex court noted that Mr Shahzad appeared at serial number two in the merit list while Mr Shah was shown at the top.

The bench regretted that the high court did not entertain Mr Shahzad’s request to summon the record, denied to him by the department.

“According to the principle of law, the petitioner can only be blamed for failure to produce the record that is in his possession or can be made available by making efforts. Contrarily, a person who is not provided record despite his requests and efforts cannot be penalised,” the bench held.

The bench was displeased to note that the appellant had submitted an application to the office of the secretary agriculture for provision of certified copy of merit list but his request was not entertained.

“This act of the concerned public official is regrettable and amounts to misconduct.”

The bench held that since Mr Shahzad was eligible for appointment, the respondents should appoint him against the post he had qualified for.

Published in Dawn, January 16th, 2018