- Judicial forum—Members of Tribunal—decide matters of terms and conditions of service of civil servants—responsibility of—protect the rights of the civil servants against the unlawful acts of the authority—members must be independent in their authority—independent of all external pressures—to decide cases fairly— The Service Tribunal is a judicial forum and the Members of the Service Tribunal the Service Tribunal is a judicial forum and the Members of the Service Tribunal decide all the matters relating to the terms and conditions of service of civil servants, including disciplinary matters, thus, it is very much significant that the Members of the Service Tribunal as a whole should be impartial and independent of all external pressures so that they may decide the cases fairly and in accordance with law. As it is the responsibility of the Members of the tribunal to protect the rights of the civil servants against unlawful acts of the authority, hence, it is necessary that they also must be independent in their authority. AJK Council & others v. Raja Gul Muhammad & 6 others 2017 SCR 1427 (A) 2014 SCR 1258 rel.
- —formation of—determination of —on touchstone of principle of independence of judiciary—Director General (Audit) Commissioner Inland Revenue and Deputy Secretary (Council)—appointed as Members of Service Tribunal—they directly subordinate to the authority—unable to decide matters impartially—formation against principle of independence of judiciary—Keeping in mind the importance of independence of judiciary, — – we have to examine; whether the Service Tribunal in the present form is an independent judicial forum or not—The record shows that vide notifications dated 21.12.2011, the respondents were appointed as Members Service Tribunal for a period of 3 years, but before the expiry of the stipulated period the Chairman AJ&K Council terminated their services vide orders dated 30.05.2014. Thereafter, on the same day, he appointed Director General (Audit), Commissioner Inland Revenue and Deputy Secretary (Council) as Members of the Service Tribunal. The persons appointed as Members are admittedly directly subordinate to the authority of the AJ&K Council which is a stigma on their impartiality. In such circumstances, how an aggrieved civil servant can believe that these Members will decide his case, filed against the orders of the authority, impartially. Thus, it is clear that the present formation of the Service Tribunal is against the concept/spirit of independence of judiciary. In the instant matter for the appointments of the Members Service Tribunal the sole discretion lies with the Chairman AJ&K Council. AJK Council & others v. Raja Gul Muhammad & 6 others 2017 SCR 1427 (C) 2014 SCR 1258, PLD 2013 SC 501, 2016 SCR 228, rel.
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