AJK Govt. Rules of Business, 1985

  1. —   Notification    No.    S&GAD/R/A-4(94)/2012,    dated, 12.02.2013          First Schedule of AJK Rules of Business, 1985, was
  2. substituted vide Notification dated 12.02.2013, through Annexure “A” of the said Notification. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (A)
  3. Rules 2(ix-a) — under Rule 2(ix-a), “department” means a self-contained administrative unit in the Secretariat, responsible for the conduct of business of the Govt. in a distinct and specified sphere and declared as such by the Govt. Presidential reference v. — 2015 SCR 1249 (B)
  4. —Rule 2(1)(ii), Term, “Attached Department”, defined. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (C)
  5. —Rule  2(1)        (ix)—Term          “Department”   defined                as reproduced. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (B)
  6. —Section 3—constitution of Committee—challenge to—writ–argument that introduction of an officer from the Executive corner in the Committee is against the concept of separation of powers–under Rules of Business Supreme Court, High Court, Shariat Court etc., are special institutions of the Law Deptt.—Secretary Law has to act as a bridge in relation to the communication of the Govt. with the Courts— keeping in view the nature of tasks, Secretary Law has been included in the Committee to convey the decisions of the Committee to the Govt. — he has nothing to do with the formation of policies— the policies are made under the supervision of judicial members of the Committee. Muhammad Yasir Safeer Mughal  Versus  Fayyaz Ahmed Janjua & 6 others 2021 SCR 6 (J)
  7. Rule 4(1) rule 8(1)(e)—administration of department–each department shall consist of a Minister, a Secretary and of such other officials as the Government may determine—under rule 8(1) (e), the Secretary shall be responsible to the Minister for the proper conduct of business, keep him informed about the working and important cases disposed of by him without reference to the Minister.  Azad Govt. & 2 others v. Naeem Akhtar & 3 others 2019 SCR 719 (B)
  8. Rules 4, 6 & 8 — under Rule 4 department shall consist of a Minister, a Secretary and of such other officials as the Govt. may determine — under Rule 6 Minister shall be responsible for policy matters and for conducting the business of department — Minister has to submit the cases to the Prime Minister — under Rule 8 a Secretary has to assist the Minister in formation of policies and bring in the notice of the Minister, the cases which are required to be submitted to the Prime Minister — The Secretary is responsible for proper conduct of the business of the department — whenever any order made by the Minister appears to involve a departure from the rules, regulations or Govt. Policy, the Secretary is bound to resubmit the case to the Minister. Presidential reference v. –2015 SCR 1249 (C) 
  9. R. 6-A — Is neither derogatory nor in conflict with the Constitution — Held: It is quite amazing that members of the Cabinet have alleged that the Prime Minister has travelled beyond the Constitutional limits. Ch. M. Yasin v.  Sr. M. Naeem Khan & 3 others 2010 SCR 17 (H)
  10. Rule 7 — It lays down that executive actions of the Government shall be expressed to be taken in the name of the President and that the officers listed in Schedule IV may authenticate all orders and other instructions made and executed in the name of the President. Schedule IV includes Secretary, Special Secretary, Acting Secretary, Additional Secretary, Joint Secretary, Deputy Secretary, Section Officer and Officer on Special Duty. Fedration of Pakistan  v. Malik Muhammad Miskeen & others 1995 SCR 43 (P)
  11. Rule 7 — Only gives the power to authenticate an order or instrument executed in the name of the President — By this rule the authority to take decision on behalf of the Fedaration of Pakistan has not been vested in the Section Officer — “Authentication” means to establish the credibility of a statement. It means that when a Section Officer of Government of Pakistan issues an order in the name of the President it will be treated to be an order or approval of the President or any other authority acting as a delegate of the President. It does not mean vesting of authority — Therefore, rule 7 does not vest authority in the officers mentioned in Schedule IV. Fedration of Pakistan  v.  Malik Muhammad Miskeen & others 1995 SCR 43 (Q)
  12. Rules 7(B) — Interim Constitution Act, 1974 — Section 46-A — reference — under Rule7 (B), all the cases submitted to the Prime Minister or the President for orders shall be routed back through the Chief Secretary and all the orders have to be notified — The cases where after the approval of the President and the Prime Minister, the formal order is required by a department, the file is sent back to the department through the Chief Secretary for formal notification. Held: The filing of reference in the Supreme Court doesn’t require a formal notification. Presidential reference v. –2015 SCR 1249 (E)
  13. Under Rule 7(C) and (D), the Chief Secretary had to take steps in the matters affecting the public tranquaility. Azad Govt. and 8 others v. Mumtaz Ahmed Qureshi 2002 SCR 113 (B)
  14. Rule 7(4) — The High Court circumvent the provision of Rules of Business — Power to issue a writ of mandamus is available to the high Court to make a direction to public functionary to do that which he is required by law to do — The High Court cannot order a public functionary not to perform a function which he is duty bound to perform — Apart from the provision of Rules of Business u/s 21 of the General Clauses Act the Prime Minister has the power to withdraw an order. Abdul Qadir v. Abdul Karim and 4 others 2000 SCR 97 (G)
  15. Rule, 8 — Function of the Secretaries to the Govt. — Secretary shall assist the Minister in formulation of policy and bring the cases in notice of the Minster which have to be submitted to the Prime Minister,  execute the sanctioned policy, be the official head of the Department and responsible for its efficient administration and discipline for proper conduct of business, submit proposal for legislation to the cabinet, be responsible to the Minister for the proper conduct of business, keep the Chief Secretary informed of important cases disposed of in the department — When any order of the Minister appears to be departure from rules, regulations or the Government policy, he shall re-submit the case to the Minister inviting his attention to the rules, regulations or the Government policy — The Secretary while submitting a case for the orders of the Minister has  to suggest a definite line of action — Secretary has  to follow the policy, guidelines and directions of the political executive adhering to the Constitution, Law and Rules of Business—Held: Secretary has to act independently and discharge his functions without being  influenced by dictatorial misuse of powers by the executive. M. Ilyas Abbasi v. Azad Govt. 2015 SCR 1133 (J) PLD 2013 SC 195 ref.
  16. —rule 8—Secretary of the Department—responsible for all the acts done by his department—Secretary cannot be exonerated of his responsibility—the contemnor-respondent No.1, is the Secretary of the department and under the provisions of rule 8 of the Rules of Business, 1985, being head of the department he is responsible for all the acts done by his department. Thus, in this way too, the contemnor-respondent No.1 cannot be exonerated of his responsibility. Robkar Adalat v. Shahid Mohi-ud-Din & another 2017 SCR 1411 (F)
  17. Rules 8(2) — Interim Constitution Act, 1974 — Section 46-A — reference — objection that Secretary Law has not initiated the summary for filing reference — under Rules 8(2),the Secretary while resubmitting the case to the Minister shall suggest a definite line of action — Secretary has initiated the matter that in his opinion, the appointment of Mr. Justice appears to be against the provisions contained in Sections 5 & 7 of Act, 2000 — The Minister thought that interpretation of legislative powers of Council and Legislative Assembly under Section 31 of Act, 1974, the interpretation of the provisions of Section 43(7) of Act, 1974 and  Act, 2000 are involved, therefore, it is appropriate that the President be advised to seek the opinion from the Supreme Court and referred the case to the Prime Minister — objection repelled. Presidential reference v. — 2015 SCR 1249 (D)
  18. All laws and rules in force in Azad Jammu and Kashmir authorize to Govt. or an authority on its behalf to execute an agreement — No person whatever his authority may be can execute an agreement without authority of the Govt. nor can be said that an agreement not signed by the Prime Minister in his capacity as head of the Govt. is binding upon the executants — U/r 10(2) of the Rules of Business 1985 agreements are signed by the Secretary the Additional Secretary, the Joint Secretary, Under Secretary, Section Officer or the Officer on Special Duty in the department concerned on behalf of the Govt. not by the head of the Govt. who in the popular sense is deemed as Govt. — They all act for and on behalf of the Govt. AJK Govt. & 3 others v. Gulzar Ahmed Abbasi & 11 others 2005 SCR 361 (C)
  19. Rule 11 — Lays down cases mentioned in Sch-V which shall be sent to President for approval — Rule 11 reflects provision of S.7 of the Constitution — All cases in which approval of President is sought shall be submitted with Prime Minister’s recommendations — Rules of Business also do not visualise order originating from President’s office — Sch-V of Rules of Business is in line with S.7 of the Constitution Act — President has to act on the advice of Prime Minister and cases mentioned in it do not fall under exception clause. Abdul Latif & 2 others v. Secretary AJ&K Council and 2 others 1999 SCR 235 (B)
  20. R. 11(4) r/w S. 3(2) Act, 1986 — provides procedure for submitting a case to the President — a combined study of rule 11(1) & (4), entry No.18 of Sch. V read with S. 3(2) of Act, 1986 makes it crystal clear that the Chairman and Members of Commission shall be appointed by President on the advice of Prime Minister and no order shall be issued without approval of President — whenever a case is submitted to the President for orders, it shall be accompanied by a self-contained summary stating relevant case and points for decision — said summary has to be submitted to the President for approval and shall contain latter’s specific recommendations — the PSC is a special institution of S&GAD — the process of appointment of Chairman and members is to be initiated and a summary to be prepared by S&GAD — the words “self-contained summary” signify that mere writing the name of a person for obtaining the order of President for appointing him against a post is not sufficient — self-contained summary denotes that all facts relevant have to be brought on record. Syed Mumtaz H. Naqvi  v. Raja M. Farooq Haider Khan  2014 SCR 43 (Z)
  21. Rule 13, sub- rule 3 — Only relates to the Finance Department — it imposes a condition that the orders in respect of emoluments, promotion or conditions of service of any officer employed in the Finance Department shall not be passed without the prior concurrence of the Services and General Administration Department. Azad Govt.  v. Shahjahan Kiani & 2 others 2015 SCR 690 (B)
  22. Rule 13, sub- rule 3 — No expenditure proposal relating to the Finance Department shall be sanctioned without prior concurrence of the Services and General Administration Department — For issuance of orders in the matters of emoluments, promotion, conditions of service of any officer of the Finance Department and expenditure proposal relating to Finance Department, the Chief Secretary shall perform the functions as Secretary of the Finance Department. Azad Govt. &2 others v.  Shahjahan Kiani & 2 others 2015 SCR 690 (C)
  23. Rule 13, sub- rule 3 — deals with two distinct matters —- i.e, order in respect of emoluments, promotion or conditions of service of any officer employed in the Finance Department shall be made and expenditure proposal relating to that Department — the Chief Secretary shall perform the functions as Secretary of the Finance Department in respect of these matters. Held: The word “such matters” refers to all the matters which are enumerated therein. Azad Govt. &2 others v.  Shahjahan Kiani & 2 others 2015 SCR 690 (D)
  24. Rule 13, sub- rule 3—Held: For obtaining the prior concurrence of Services and General Administration Department regarding issuance of orders in respect of emoluments/promotions and conditions of service of any officer employed in the Finance Department and sanctioning of expenditure proposal relating to the Finance Department, the Chief Secretary shall perform the function of secretary Finance Department. Azad Govt. v.  Shahjahan Kiani 2015 SCR 690 (E)
  25. Rule 13, sub- rule 3 read with rule 15 — Under rule 15, no Government Department, shall, without previous consultation with the finance department, issue any order which directly or indirectly affects the finance of the Government — Rule, 15 confers powers upon the Finance Department for controlling the finance of the Government — Wisdom behind rule 13(3) is that there shall be some authority who shall control or check the finance and financial matters and the emoluments, promotion or condition of services of the officers of the Finance  Department — For the purpose, prior concurrence of the Services and General Administration Department, is necessary—Held: Without prior approval no order can be issued in such matters and the Chief Secretary shall perform the functions of the Secretary of the Finance Department regarding all the matters enumerated in sub-rule 3 of Rule 13. Azad Govt. &2 others v. Shahjahan Kiani & 2 others 2015 SCR 690 (F)
  26. Rule-15 — finance’s matters — necessary consultations with — Finance department not the Secretary —according to the statutory provisions of Rule 15 of Rules of Business, 1985, it is not the Secretary but the Finance department who has to be consulted in finance matters. Azad Govt. & 3 others v. Muhammad Younas Abbasi & 12 others 2016 SCR 887 (D)
  27. –Rule 15—Prior financial concurrence of Finance Department is mandatory—where act of authority has financial implications— the direction issued by authorities or worthy Prime Minister cannot be issued without concurrence as required under rule 15—under the provisions of rule 15 of the Rules of Business, 1985, for doing such act by the authorities which have financial implications the prior concurrence of the Finance Department is mandatory. In the instant case, as the Finance Department has not accorded any concurrence, therefore, without financial concurrence the directions issued by the head of the department or worthy Prime Minister cannot be implemented. Kh. Muhammad Sharif vs The Finance Department &others 2018 SCR 630 (B)
  28.  —Rule 15—the Rules of Business 1985—change in number or grading of posts order having effect on finance of Govt.—prior consultation with the Finance Department–mandatory under the Rules of Business—where change in the number or grading of the posts or the terms and conditions of service of Government servants or their rights and privileges which have financial implications are involved the prior consultation with the Finance Department is mandatory and furthermore, a void order of the Prime Minister cannot be implemented under law. Shabir Ahmed Qureshi  v. Azad Govt. & others  2019 SCR 85 (B)
  29. Rule 15(3) — formal order—issuance of — on decision of cabinet — only after scrutiny of Finance Department — The main legal ground advanced by the petitioners for exercise of extraordinary writ jurisdiction is that, in pursuance of the Cabinet decision, a formal order can only be issued while fulfilling the mandatory conditions prescribed under the provisions of sub-rule (3) of Rule 15 of the Rules of Business, 1985. In these provisions the main laid down condition is “formal order shall, nevertheless issue only after the Finance Department has exercised scrutiny over the details of the proposal”. M. Akhtar & 183 others v. Azad Govt. & 7 others 2016 SCR 853 (B)
  30. R. 16 — Consultation with Law Department — Statutory mode — Consultation with Law Department on all the legal questions is well-established statutory mode. Dr. Waqar haider, Heart Specialist, posted at CMH/Sheikh Zaid Hospital, Muzaffarabad v. Azad Govt. of the State of J&K, through Chief Secretary, Muzaffarabad and 10 others 2013 SCR 1176 (B)
  31. R. 16(2) 000 Rules are always initiated by department concerned and then submitted to a committee constituted by Government — All legislations and amendments are to be routed and made in consultation with Law, Justice and Parliamentary Affairs Department and then after approval of committee, the rules are submitted to the Government through Service and General Administration Department for obtaining the sanction of it. Syed Ali Asghar Shah v. AJ&K Public Service Comission & 5 others 2008 SCR 133 (A)
  32. Rule 20 — The advice of the selection Board is not of binding nature — Under sub-rule, 2 the authority is vested with the powers to return the advice to the selection Board for reconsideration — the Board is vested with the powers of reconsideration of the matter. Azad Govt. &2 others v.  Shahjahan Kiani & 2 others 2015 SCR 690 (G)
  33. Rule 22 — sub rules (2) and (3) — Schedule VIII (clauseI) & Schedule X — transfer of a civil servants—Addl./Deputy Secretary Secretaries & Section Officers against tenure posts — The competent authority for transfer of the Secretaries is the Services and General Administration Department with the approval of the Prime Minister — The competent authority for transfer of the Additional Secretaries and Deputy Secretariats is also the S&GAD in consultation with the Department concerned with the approval of the Prime Minister—The tenure for the posts of Additional Secretaries, Deputy Secretaries and Sections officers, who are not member of the Secretariat Service and heads of attached departments is fixed as three years. Muhammad Ilyas Abbasi v. Azad Govt. & others 2015 SCR 1133 (H) 
  34. Rule 22 — Schedule VIII & X — transfer of Secretary to Govt. — The post of Secretary to the Government is not a tenure post — No period for transfer of the Secretaries to the Government is fixed in Rule 22 or Schedule VIII or X — Non fixing of period of transfer for the posts of Secretary to the Government does not cloth the Government with a power to transfer a Secretary to the Government frequently at their whims without adhering to law. Muhammad Ilyas Abbasi v.  Azad Govt. & others 2015 SCR 1133 (I) PLD 2013 SC 195 ref.
  35. —Rule 23(2) —Prime Minister may, in cases of urgency or other exceptional circumstances, give directions as to the manner of disposal of a case without prior reference to the Cabinet, but such case shall be reported to the Cabinet at the earliest opportunity thereafter. Mian Muhammad Shafique  Versus Azad Govt. & 12 others 2021 SCR 131 (E)
  36. Rule  34 — laying of Ordinance before Assembly within four months finds support from rule 34 of Rules of Business — it is provided that Law, Justice, Parliamentary Affairs & Human Rights Deptt. shall in due course of time arrange to lay an Ordinance promulgated before the Assembly as required by clause (A)  of sub-section (2) of s. 41 of Constitution Act — an Ordinance shall be laid before the Assembly and shall stand repealed on expiration of four months — it is obligatory for Law, Justice, Parliamentary Affairs & Human Rights Deptt. that after promulgating the Ordinance, it shall lay the Ordinance before the Assembly within a period of four months. Syed Mumtaz Hussain Naqvi & 9 others v. Raja M. Farooq Haider Khan & 4 others 2014 SCR 43 (W)
  37. R. 47 — All special institutions are attached department of Law Department for administrative and financial purpose. Ehtesab Bureau AJ&K  v. Muhammad Hanif 2004 SCR 284 (A)
  38. R. 48 — Postulates that powers vested in the authority or officer in the Schedule can be exercised by the authority or officer superior to those officers or authorities — Power vested in lower authority can be exercised by higher authority — A superior in the department is competent to exercise powers vested in lower authority or officer. Syed Naeem Gilani and 2 others v. Secretary Finance and another 2009 SCR 356 (B)
  39. No document was filed by the counsel for Government of Pakistan to show that Secretary, Kashmir Affairs and Northern Affairs Division was authorised by a general or special order to engage a counsel on behalf of the Federal Government. Rule 7 read with Schedule IV. Fedration of Pakistan  v.  Malik Muhammad Miskeen & others 1995 SCR 43 (O)
  40. Under Schedule 1 of the Rules of business, 1985, in the list of special institutions the Ehtesab Bureau has been mentioned at serial No.10(vii) — Some institutions are creation of Constitution Act, whereas some other institution like Ehtesab Bureau have been created under the Act of the Assembly — Whether such institution are also special institutions like Supreme Court, High Court, Legislative Assembly, Service Tribunal and Election Commission which have been established to meet the requirement of the Constitution Act is a question which shall be resolved in a case when and where such question shall be raised — Held: That administrative control of all special institutions exclusively vests in the head of such institutions as in mentioned in schedule IX of the Rules of Business — No doubt the special institutions and autonomous bodies are the independent organs in the sphere of their functions assigned to them under the relevant law but for administrative and financial purpose all such special institutions are attached department of Law, Justice and Parliamentary Affairs Department of Azad Jammu and Kashmir. Nasim and 2 others v.    Ehtesab Bureau  AJ&K 2004 SCR 274 (D)
  41. Schedule I & schedule V — S. 7 of the Constitution — postulates that the President shall act on the advice of Prime Minister — as per serial No.17 of Sch. I of Rules of Business.  The PSC is a special institution  of S&GAD — all files relating to P.S.C. have to be initiated and routed through said department — Schedule V shows the list of cases to be submitted to the President for approval before issuance of order — entry No.18 of schedule relates to the appointment, removal or resignation of the members of P.S.C. and other terms and conditions of service, its strength and non-acceptance of advice of the Commission. Syed Mumtaz Hussain Naqvi & 9 others v. Raja Muhammad Farooq Haider Khan & 4 others 2014 SCR 43 (Y) 
  42. On an application a favourable order was passed by the Prime Minister for appointment — If the petitioners had any objection about the order of the Prime Minister they should have re-submitted the case to him for its cancellation — No such effort was ever made by the petitioners — Held: The refusal to act upon the order of Prime Minister was arbitrary, coram non judice and without any jurisdictional competence. Azad Govt. v. Shezad Naseem Abbasi 2006 SCR 396 (B)
  43. Schedule, VIII — provides that the competent authority for transfer of the Secretary is the Services and General Administration Department with the approval of the Prime Minister — The summary was initiated by the Secretary to Prime Minister and not the S&GAD, which is a clear violation of the mandatory provisions of the Rules of Business. M. Ilyas Abbasi v. Azad Govt. & others 2015 SCR 1133 (O) 2014 SCR 878 ref.
  44. —Amended First Schedule of the Rules of Business, 1985—Bifurcation of Communication & Works Department, into two separate departments, i.e., Communication & Works Department and Physical Planning & Housing Department—As per Annexure “A”, the substituted First Schedule AJK Rules of Business 1985, Notification No. S&GAD/R/A-4(94)/2012, dated, 12.02.2013, Communication and Works department which fell previously at serial No. 4 was bifurcated into two departments, fall at serial Nos. 5 and 6 of the newly added schedule. The attached departments of previous Communication & Works were divided into separate attached departments. Newly substituted departments which fall at serial No. 5 and 6 of the amended First Schedule. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (D)
  45. — Amended First Schedule of the Rules of Business, 1985— Bifurcation of Communication & Works Department, into two separate departments, i.e., Communication & Works Department and    Physical    Planning    &    Housing    Department    Attached departments of Communication & Works Department and Physical Planning & Housing Department     At serial No. 5, Column No. 3, ‘Highways and Central Design Office’ are two attached departments of Communication and Works Department—At Serial No. 6, Column No. 3, Housing, Physical Planning’ and ‘Public Health’ are two attached departments of the Physical Planning & Housing Department. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (E)
  46. —Bifurcation of Communication & Works Department and Physical Planning & Housing Department—Separate Secretariates of both departments are set up in order to run their business within their domain independently. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (F)
  47. —Schedule Eight, Part-C, of the AJK Rules of Business, 1985—Deals with Authorities competent to make posting, transfers and deputation. Schedule Eight reproduced Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (G)
  48. —Schedule Eight, Part-C of the AJK Rules of Business, 1985—Contention of the Counsel for the appellant, authority competent to transfer an employee from one department to another department, is the Chief Secretary —Held: According to item No. 4, Part-C of Schedule Eight, transfer to and from one attached department and from one department to another, the competent authority is Secretary Services and General Administration, and not the Chief Secretary—Argument overruled. Arshad Mehmood v. Secretary PPH & others 2022 SCR 1584 (H)
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