Competent Authority

  1. Accountant General  is not the competent authority to issue up-gradation order of posts — This power is vested with AJK Council — Filing of appeal is a futile exercise. Abdul Ghani Farooqi  v.Chairman, AJK Council and 2 others 2000 SCR 273 (C)
  2. The definition of “competent authority” given above visualized two categories of authorities, firstly the Prime Minister or any officer or authority authorized by him is “competent authority” in relation to all persons in the service of the Govt. and secondly in relation to Court employees “the appointing authority”, Chairman or “presiding officer” of the Court or Tribunal is the competent authority — Courts and Tribunal have been separated and segregated from the authority of the Prime Minister — The wisdom behind this is to keep the integrity, independence and authority of the judiciary as a special organ of the State and not a subordinate institution of the Govt. ABDUL RAHEEM ZUBAIR BUTT vs. AJ&K HIGH COURT & 7 OTHERS 2002 SCR 455 (D)
  3. Advertisement of the post — At the time of induction of respondent, post was not advertised — Who is to be blamed for this lapse — Respondent cannot be blamed as he had not to advertise the post — The competent authority has been guilty — It cannot be allowed to turn round and terminate the service of respondent after inducting him on permanent basis — Competent authority was not vested with powers to remove him from service on the ground that his induction was not regular. Asif Mehmood Raza v. Abdul Khadim & 7 others 2004 SCR 298 (C)
  4. Under Police Efficiency & Discipline Rules, 1992, the S.P. was competent authority to award punishment — At the time when appellant was removed from service an ASP was officiating as S.P. — In rules no provision is available whereby a person not elevated to the post of S.P. can, I his officiating capacity, assume the role of S.P. Habibullah v. D.I.G. Police, 2004 SCR 378 (A)
  5. DEO Elementary was the competent authority to the appointment and promotion of Primary Teacher B-7 selection grade B-10, Junior Clerks, Drivers, Senior Clerks, Accounts Clerks and Store-keeper etc — Through an amended the power to appoint Junior Clerks was vested in the D.E.O. Secondary — Until and unless notification dated 12.12.1996 is in filed only the D.E.O. Elementary is the competent authority. Nasreen Akhtar  v. Sameena Bilqees 2006 SCR 312 (A) 
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