AJK SC rejects govt petition

Published July 31, 2002

MUZAFFARABAD, July 30: AJK Supreme Court here on Tuesday dismissed leave to appeal petition filed by the government against the admission of a writ petition by the High Court whereby the Removal from Service (Special Powers) Act, 2001, was challenged by a senior government official.

Private Power Cell Director-General Mir Nazir Ahmed was served with a show-cause notice under the impugned Act for allegedly appointing six line superintendents in the electricity department in 2000 in violation of the quota. The legality of the notice, along with the provisions of the Act, were challenged by him in the High Court which admitted the writ petition for regular hearing besides ordering maintenance of the status quo.

However, the government filed leave to appeal petition in the Supreme Court which heard detailed arguments and counter arguments from counsel for the government and the respondent.

After hearing the arguments from both parties, Supreme Court judge Justice Khwaja Mohammad Saeed held that the points raised in the writ petition were of great importance and the High Court was, therefore, justified in law to admit the petition and suspend the operation of the impugned show-cause notice served to the respondent.