AJK Service Tribunals (Procedure) Rules, 1976

  1. Necessary party — Non -impleadment of — Rule 7 — Mandatory requirement — Violation of — Appeal dismissed. A. Latif & 2 others v. Sec. AJK Council and 2 others 1999 SCR 222 (A)
  2. Rule 7 — appeals before Service Tribunal — mandatory documents & other requirements — consists of clauses (A) to (H) — all the provisions incorporated in clauses (A) to (H) are mandatory — The proviso attached to the Rule 7 provides that where the Tribunal is satisfied that it is not possible for the appellant to produce any document referred to in clause (E), the Tribunal may waive the provisions of clause (E) — Held: combined reading of the whole clauses of rule 7 shows that the provisions of rule are mandatory in nature and the appellant has to comply with the provisions of rule while filing the appeal. Tanveer Fatima v. Divisional Director Schools & others 2016 SCR 714 (B)  
  3. Rule 7 — Service Tribunals Act, 1975 — Section 4 — appeal before Service Tribunal under Rule 7, the appellant shall annex the certified copy of the order impugned. Conservator Forests & 5 others v. Gulab Ahmed 2016 SCR 73 (B) 2015 SCR 83 rel.
  4. Rule 7 — the effect of proviso and exercise of powers — The proviso carves out a special situation from the main provision — under rule 7 (E) every memo of appeal shall be accompanied by a copy of order of competent authority, the copies of rules, orders and other documents — The provisions of clause (E) are mandatory — The powers conferred upon the Tribunal for waiving the requirement cannot be exercised in an arbitrary manner — if from a particular situation the Tribunal is satisfied that it is not possible for an appellant to produce any document then it may waive the filing of such document but these powers cannot be exercised in routine — Held: the powers conferred under the proviso has to be exercised while keeping in view the overall circumstances, the satisfaction shall be objective and not subjective. Tanveer Fatima versus Divisional Director Schools & others 2016 SCR 714 (H) View expressed in case reported as 2015 SCR 83 overruled. 
  5. Rules 7(E) — The memorandum of appeal shall be accompanied by a copy of order. Iffat Bib v. Azad Govt. & 19 others 2015 SCR 83 (A)
  6. Rules 7(E) — Qanoon-e-Shahadat Order, 1984 — Article 87(2) — memorandum of appeal before Service Tribunal — Copy of seniority list appended with memorandum of  appeal attested by the Advocate-General is not a certified true copy under Article 87(2) and does not fulfill the requirement of Rule 7(E) — The copy appended with the memorandum of appeal is not a certified true copy of original seniority list — It is only a photocopy  and photocopy  is not admissible in evidence. Iffat Bib v. Azad Govt. & 19 others 2015 SCR 83 (D)
  7. Rule 7(E) — memorandum of appeal shall be accompanied by a copy of the order of competent authority against which the appeal is preferred and copies of rules, orders and other documents on which the appellants propose to rely in support of the claim. Ansar Sajjad & 14 others v. I.G. Police & 4 others 2016 SCR 45 (A) 2015 SCR 83 rel.
  8. Rules 7 (E) — memo of appeal — mandatory documents — the documents attached with the memo of appeal must be certified to be true copies by the authorized officer incharge, who has the custody of such record. Held: Any copy attested by the counsel or the person who is not authorized under law to attest and certify, such document cannot be treated to be attested true copy. Further held: copies attested by an unauthorized person shall be treated Photostat copies and under law a Photostat copy of public documents is not admissible unless the officer authorized having the custody of the record of such public documents certify the same to be true attested copy. Nazia Altaf v. Jameela Yasmin & 7 others 2016 SCR 577 (A) 2015 SCR 83 rel.
  9. —rule 7(e) —mandatory documents to accompany memorandum of appeal—procedure on filing of appeal before the Service Tribunal—non-compliance of mandatory requirements by appellant—registrar to return appeal with objection and compliance—failure of Registrar to raise objection— fault of Court/Tribunal—litigant  not to be penalized— Effect of the case titled Iffat Bibi vs. Azad Govt. & others and the case titled Tanveer Fatima vs. Divisional Director Schools and others—present applicable dictum of this Court— In the case reported as Iffat Bibi v. Azad Government & 19 others [.2015 SCR 83],  this court dismissed the appeal filed before the Service tribunal on  the ground of non-compliance of Rule 7 (e) of  the Service Tribunal procedure Rules, 1976, however, later on, the said judgment has been overruled by a full Court judgment reported as  Tariveer Fatima v. Divisional Director Schools  others [2016 SCR 714]. In the latest  judgment, same point was involved, this court discussed Rule 7 (e)  and Rule-10 of the Azad Kashmir Service Tribunal Procedure Rules along with the case law on the subject in detail and held that the Registrar of Service Tribunal, under Rule-l0 of the  Service Tribunal procedure Rules is duty bound to scrutinize the appeal when the same is presented before him· If the appeal is drawn up in accordance with Rule 7 then the Registrar  shall entertain  the same and if there is any deficiency then  the Registrar shall record an order under Rule 10(1) (ii) on the memorandum of appeal while pointing out the deficiency and return the same by specifying the time for resubmitting the appeal. In case, the appellant failed to resubmit the appeal after curing the deficiency within the period specified by the Registrar then the appeal shall be deemed to be dismissed. This Court further held that the appeals were not accompanied by the certified copies of the impugned orders and the Registrar failed to point out the deficiency. It is fault of the Tribunal/Court for which a litigant may not be penalized and   the Registrar of the service Tribunal also failed to point out that the appeal has been filed without annexing the certified copies of the mandatory documents, therefore, it was fault of the Tribunal and in view of the dictum laid down in the referred report the appeal before the Service Tribunal.  Hence] this objection is hereby repelled. AJK Government  & 2 others v. Syeda Sabeen Gillani & others 2017 SCR 950 (D)
  10. — Rule 7(e)(i) —every memorandum of appeal shall be accompanied by a copy of the order of the competent authority against which the appeal is preferred. Muhammad Khalil Baig Versus MS DHQ Kotli & 3 others 2021 SCR 195 (A)
  11. Rule, 7 — Article, 87 — Qanun-e-Shahdat Order, 1984 — photo copy — non-admissibility of — juxtaposed appreciation — Rule 7 of the Azad Jammu and Kashmir Service Tribunals (Procedure) Rules, 1976 and Article 87 of the Qanun-e-Shahdat Order, 1984 it is declared that a photocopy of the final order is not admissible. Held: the appeal filed without certified copy is not competent. Syed Ibrar H. &others v. The Accountant Gen.& others 2015 SCR 1314 (C) 2015 PSC 544rel.
  12. —rule 7 and 8—un-attested copies  of impugned order—filed with memorandum of  appeal—No objection raised before the Service Tribunal—documents admitted—subsequent objection on competency of appeal—latest view—if un-attested copes are admitted and not objected to before the Service Tribunal, at relevant stage, the appeal cannot be dismissed for non-compliance of Service Tribunal (Procedure) Rules. Muhammad Mehrban & others v. Rashid Habib & others 2017 SCR 1601 (D)
  13. Rules 7, 8 and 9 — appeals before Tribunal — process of filing — The process of filing of appeal in rule 7 is not complete — under rules 8, the competent authority shall be shown as the first respondent and thereafter, all other parties shall be shown as respondents — under rule 9, if appeal is filed after the period of limitation, it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay. Tanveer Fatima versus Divisional Director Schools & others 2016 SCR 714 (C)
  14. Rule 7 & 10 — appeals before Tribunal — powers & duties of Registrar — appeal can be filed either directly before the Registrar or can be sent to the Registrar by post — the Registrar, if after scrutinizing the memo of appeal comes to the conclusion that the appeal has been drawn up in accordance with the provisions of rule 7, it shall be registered and with the approval of Chairman a date for preliminary arguments shall be fixed — if appeal is not drawn up in accordance with the provisions of rule 7, the Registrar shall return it for amendment within a time specified in the order recorded on the memo of appeal pointing out the deficiency — Held: the Registrar is duty bound to scrutinize the memo  of appeal — if the memo of appeal is not resubmitted within the period specified by the Registrar, then the appeal shall stand dismissed. Tanveer Fatima v. Divisional Director Schools & others 2016 SCR 714 (D)
  15. Rule 7 &10 — Supreme Court Rules, 1978 — Order XIII, rule 3 — High Court Procedure Rules, 1984 — Rule 32(2) — comparison of — appeal before Service Tribunal — procedure of — under rule 10, a special procedure has been prescribed for entertaining the appeal and a duty has been cast upon the Registrar when the appeal is presented before Registrar — If the appeal is drawn up in accordance with the provisions of rule 7, then Registrar shall act according to rule 10(1)(I), and if, appeal has not drawn up in accordance with rule, the Registrar shall act according to rule 10(1)(ii) — The provisions of rule 7 like the provisions of rule 32(2) of the High Court Procedure Rules and rule 3 of Order XIII, Supreme Court Rules are mandatory in nature — There is no express clause like rule 10 in the High Court Procedure Rules and the Supreme Court Rules empowering the Registrar to return the memo of appeal if after scrutiny he is of opinion that it is not drawn up in accordance with rules. Tanveer Fatima v. Divisional Director Schools 2016 SCR 714 (E)
  16. Rule 7 &10 — appeals before Service Tribunal — Held: the appellant shall file appeal in the Service Tribunal while adhering to the conditions laid down in rule 7 — Under rule 10, the Registrar is  duty  bond to scrutinize the appeal — if appeal  is drawn up in accordance with rule 7 ,it shall be entertained and registered — if appeal is found not drawn up in accordance with rule 7 the Registrar shall record such deficiency through an order on the memo of appeal and return it with direction to resubmit with in specified period after doing the needful and in case of failure the appeal shall be deemed to be dismissed — the registrar acts on behalf of Tribunal and any act of Registrar is deemed act of the Tribunal, for which no one can suffer. Tanveer Fatima v. Divisional Director Schools & others 2016 SCR 714 (F)
  17. Rule 7 &10 — powers & duties of Registrar — appeals before Tribunal — appeals dismissed by the Tribunal for non compliance of rule 7 — Held: under rule 10 the Registrar of  Service Tribunal is duty bond  to scrutinize the appeal when presented — If it is drawn up in accordance with rule 7, it be shall entertained and  registered — if some deficiency is found in appeal, the Registrar shall record an order under Rule 10(1) (ii) on the memo of appeal, pointing out deficiency and return the same by specifying the time for resubmitting and in case of failure, the appeal shall be dismissed — The appeals were not accompanied by the certified copies of the order impugned — The Registrar failed to point out deficiency — Further held: It was fault of the Tribunal/Court for which a litigant cannot be penalized.Tanveer Fatima v. Divisional Director Schools & others 2016 SCR 714 (G)
  18. R. 8 — Appeal — If an order adversely effecting the interest of party has been passed by a competent authority that authority must be impleaded as real respondent.Raja Muhammad Ashraf Khan Kayani v. AJK Govt. and 4 others 1997 SCR 389 (E)
  19. R. 8 — Parties to be impleaded as respondents — The competent authority shall be shown as the first respondent and thereafter all other parties to the dispute shall be shown as respondents. Dr. Abdul Ghaffar Sulehria v. Azad Govt. & 4 others 2008 SCR 230 (B)
  20. R. 8 — Mentions only two respondents to be impleaded in appeal — The competent authority which passed the final order in respect of terms and conditions of service has to be impleaded as the first respondent and the other parties to the dispute to be the second set of respondents — The parties to the dispute mean those against whom a civil servant has some grievance in respect of inter se seniority and promotion. Dr. A. Ghaffar Sulehria v. Azad Govt. 2008 SCR 230 (E)
  21. —Rule, 8— respondent in the memo of appeal— Under rule 8 it is postulated that in every memorandum of appeal the competent authority shall be shown as the first respondent and thereafter all other parties to the dispute shall be shown as respondents. Inspector General of Police & others Muhammad Fareed & others 2019 SCR 351(A)
  22.       —Rue 8—appeal before Service Tribunal—composition of–order issued by Govt., thus, the Govt. is competent authority which has not been arrayed. Held: according to general principle of administration of justice as well as enforced rules, in every memo of appeal, competent authority shall be shown as first respondent. Habib Hafieez v. Umar Pervaiz & others 2019 SCR 423 (A)
  23. R. 10 — The Registrar shall scrutinize every memorandum of appeal received by post or presented to him — Cause it to be registered — And with approval of Chairman shall fix a date for its preliminary hearing before a Bench or the Tribunal — Words “before a Bench or Tribunal” have been used — Bench consisting of a single member can hear appeals at preliminary stage. Abdul Hameed Khan v. Azad Govt. and others 2009 SCR 400 (D)
  24. R. 10 — Contains that Registrar shall scrutinize every memorandum of appeal and if he finds it in accordance with the rules — then with the approval of Chairman he shall fix a date for preliminary hearing before a Bench or Tribunal. A. Hameed Khan v. Azad Govt. 2009 SCR 400 (O)
  25. —R.10 (4)—non-depositing of security—dismissal of appeal for non-compliance of order—Held: it was imperative for the learned Tribunal to dismiss the appeal in default. Dismissal of appeal for non-compliance due to the non-deposit of the security could have been ordered only after due notice to the appellant. Tanveer Nazir v. Divisional Director Schools & 5 others 2020 SCR 295 (A)
  26. R. 11 — Contains that Bench or the Tribunal after hearing the appellant or his advocate — May dismiss the appeal in limine — Bench can consist of a single member — A Bench consisting of single member can dismiss the appeal in limine. A. Hameed Khan v. Azad Govt. 2009 SCR 400 (E)
  27. R. 11 — The Bench or Tribunal may dismiss the appeal in limine — Bench means a Bench consisting of single member — Tribunal means Chairman and one member — Rule 11 confers power to the extent of preliminary hearing of appeals because it contains that Bench or Tribunal after hearing the appellant or his Advocate, may dismiss the appeal in limine — If the words used in the aforesaid provisions are read liberally and natural and grammatical meanings are given to them then they do not lead to any absurdity — They clearly convey that single member can hold preliminary hearing of appeals and may admit the appeal for hearing or dismiss it in limine. Abdul Hameed Khan v. Azad Govt. and others 2009 SCR 400 (Q)
  28. R. 11 (2) — If the appeal is not dismissed in limine — Notices of admission of appeal shall be served on appellant, respondents and such other persons as the ‘Tribunal’ may deem proper — Word ‘Tribunal’ has been used — Powers have been given to the Tribunal that if Tribunal deems proper it can issue notice to any other person — After admission of appeal, single member of Tribunal cannot issue a notice — Only the Tribunal can issue notice — Which means that after the admission of appeal it shall be heard by the Tribunal only. A. Hameed Khan v. Azad Govt. 2009 SCR 400 (R)
  29. Rules 11 (3) and 20 — imposition of cost by the Service Tribunal — A Tribunal may make such orders as to costs of proceedings before it as it may deem fit, and such costs shall be paid out of a cash security deposited under rule 11 (3). Nazia Altaf v. Jameela Yasmin 2016 SCR 577 (C)
  30. Rules 11 (3) and 20 — imposition of penalty of costs by the Tribunal — the Service Tribunal may make orders as to cost of proceedings but the same shall be realized out of cash security Rs.100/- deposited under rule 11(3) — Held: The Service Tribunal is not equipped with the powers to impose the penalty of cost more than Rs.100/- the cash security deposited under rule 11. Nazia Altaf v. Jameela Yasmin & 7 others 2016 SCR 577 (D)
  31. Rule 11 (12) — appeal before Service Tribunal — Procedure for disposal — if the appeal is not dismissed in limine, notices of admission of appeal and of the day fixed for its regular hearing shall be served on the appellant, the respondents and such other persons as the Tribunal may deem proper. Miss Shagufta Shaheen v. Aysha Akbar & 7 others 2016 SCR 1356 (A)
  32. Rule 11 (12) — appeal before Service Tribunal — mode of service upon the respondents — notice may be served by registered post acknowledgement due or in any other manner, including publication in one or more daily newspapers as the Bench admitting the appeal or the Tribunal may direct — service of notice upon the respondent through registered A.D. post is recognized by the rule. Miss Shagufta Shaheen v. Aysha Akbar & 7 others 2016 SCR 1356 (B)
  33. R. 13 — 2nd Schedule — Deals with hearing and decision of appeal — If on the date fixed for hearing of appeal or any subsequent date if the appellant or his counsel is not present the Tribunal may dismiss the appeal — Or may proceed to hear the other party and decide the appeal — If on the date fixed any of the respondents or respondent is absent the Tribunal may hear the appellant and decide the appeal ex parte — If the appeal has been dismissed or ex parte proceedings has been ordered — The Tribunal may restore the appeal on application or allow the absenting party to rejoin the proceedings — The intention of rule is clear that before passing final order the party who is present has to be heard. Rule 14 — 2nd Schedule deals with furnishing of copy of final order of the Tribunal without costs to the competent authority — After announcement of final order by the Tribunal, it cannot alter or amend the same except by way of review — Review — R. 15 2nd Schedule — Deals with powers of review of the Tribunal — Only clerical or arithmetical mistakes arising from any accidental slip or omission in the final order can be corrected by Tribunal either of its own motion or on the application of any party — The application shall be duly supported by an affidavit — If the application is not supported by an affidavit, it is not maintainable. Talat Yasmeen v. Samina Rashid and 4 others 2009 SCR 333 (C)
  34. —Rule 26, AJK Service Tribunals (Procedure), 1976—in case of casual vacancy in the office of Chairman of the Service Tribunal, the Senior Member shall act as the Chairman till the vacancy is filled by the President. Held: in case of appointment of any District and Sessions Judge as Member of the Service Tribunal, he will be the senior, as being a Judicial Officer of grade B-21, and act as Chairman, but there is also no occasion for him to write himself as Senior Member in the judgment/orders as no such specific provision has been provided in relevant statute in this regard. Kousar Parveen v. Naila Aziz & others 2022 SCR 1351 (B)
  35. Rule 28 — This rule makes it clear that the law requires obedience of orders passed by the Service Tribunal. The Service tribunal is possessed with a adequate powers to see that its orders are implemented — It is an accepted principle of law that when a jurisdiction is conferred on a Court or Tribunal to pass an order the power to have the order implemented  is implicit in that jurisdiction. In the Interpretation of Statutes by Maxwell, 1962 Edition, at page 350 under monograph “Implied powers and obligations” it is stated:- “Where an Act confers a jurisdiction, it impliedly also grants the powers of doing all such acts, or employing such means, as are essentially necessary to its execution. Cui jurisdiction data est, ea quoque concessa esse videntur, sine quibus jurisdictio explicari non potuit”. Ch. Sadiq Ali v. The Chief Secetary A.J.K Government 1995 SCR 325 (B)
  36. Appeal before Service Tribunal — competency of — without filing the certified copy of the impugned order, the appeal in the Service Tribunal is not competent. Conservator Forests & 5 others v. Gulab Ahmed 2016 SCR 73 (C)
error: Content is protected !!