1. —AJ&K Interim constitution Act, 1974—S.47—subject matter of writ relates to the terms & conditions of service—High Court should not have entertained such like writ petition — without application of judicial mind and keeping in view the jurisdictional competence and statutory provisions, the interim injunction restraining the authority to exercise powers vested in it has been issued— High Court partially determined the matter relating to terms and conditions of service, specially, while directing to include the names of the respondents in the panel which matter purely falls within the competence of the departmental authority—held:theHigh Court while indirectly determining the merit and fitness of persons for appointment by transfer assumed the role of selection authority which is not proper and consistent with the constitutional spirit and principle of administration of justice. Tahir Farooq vs Dr. Muhammad Qasim & others 2018 SCR 86 (E)
  2. —matters of terms & conditions of service—writ—exercise of—nullity—High Court quashed the appointment order— held: the quashment of order which is beyond the jurisdictional competence of the High Court is very improper and against the judicial norms— If at all there was any justification that any order of the Court was violated— the High Court should have resort to the proper course of law while initiating the contempt proceeding but quashment of the order which is beyond its jurisdictional competence, is not proper. Tahir Farooq vs Dr. Muhammad Qasim & others 2018 SCR 86 (F)
error: Content is protected !!