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PLJ 2023 SC (AJ&K) 131, 2024 PLC (C.S.) 1085

Masooda Iqbal, Elementary Teacher, Government Girls Middle School Aahi,

CitationPLJ 2023 SC (AJ&K) 131, 2024 PLC (C.S.) 1085
CourtSupreme Court of Azad Jammu and Kashmir
Judge(s)Raza Ali Khan, Khawaja Muhammad Nasim
ResultAppeal dismissed

Kh. Muhammad Nasim, J.--The captioned appeal by leave of the Court, has arisen out of the order of the Service Tribunal dated 7.4.2022, passed in Service Appeal No. 92 of 2022.

2. The brief facts, forming background of the captioned appeal are that the appellants, herein, filed an appeal before the Azad Jammu and Kashmir Service Tribunal, on 18.3.2022, against the transfer order dated 15.3.2022. The learned Chairman of the Service Tribunal, admitted the appeal for regular hearing and suspended the operation of the transfer order dated 15.3.2022, till next date of hearing, vide order dated 18.3.2022. Through the same order, the appellants, herein, were directed to deposit security fee, within a period of one week and the file was transferred to Circuit Mirpur while fixing the next date as 6.4.2022. On the aforesaid date, the Assistant Registrar Circuit Mirpur, reported that the security fee has not been deposited, whereupon the learned Member of the Service Tribunal directed the Clerk of the counsel for the appellants, herein, to deposit the security fee today and the case was fixed for 7.4.2022. On the said date, nobody appeared on behalf of the appellants, whereupon, the learned Member of the Service Tribunal dismissed the appeal for non- compliance of the Court orders dated 18.3.2022 and 6.4.2022. The appellants, have challenged the aforesaid order of the learned Service Tribunal by way of present appeal by leave of the Court.

3. The learned Advocates, representing the parties reiterated the grounds already incorporated in the concise statements, therefore, the same are not repeated here, for the purpose of brevity.

4. The perusal of the record reveals that the appellants, herein, filed an appeal before the Service Tribunal against the transfer order dated 15.3.2022. The appeal was admitted for regular hearing and the appellants herein, were directed to deposit security fee within a period of one week, vide order dated 18.3.2022. Through the same order, the filed was transferred to Circuit Mirpur while fixing the next date in the case as 6.4.2022. On the said date, the appellants, failed to deposit the security fee, whereupon the learned Member of the Service Tribunal passed the following order: On the aforesaid date i.e. 7.4.2022, nobody appeared on behalf of the appellants, whereupon the learned Service Tribunal dismissed the appeal for non-compliance of the Court orders.

5. In our considered view, the learned Service Tribunal has committed no illegality while passing the impugned order, as the order dated 18.3.2022, was passed in presence of the learned Advocate, representing the appellants, whereby the appeal of the appellants was admitted for regular hearing and the appellants were directed to deposit the security feel at Circuit Mirpur, on 6.4.2022.

On the said date, the Clerk of the counsel for the appellants was present before the Court, who was directed to deposit the security fee on the same day, but he failed to do so. On the next date i.e. 7.4.2022, nobody appeared on behalf of the appellants. In this state of affairs, the learned Service Tribunal had no option except to dismiss the appeal in non-compliance of the Court orders dated 18.3.2022 and 6.4.2022. The appellants have 'failed to furnish any plausible reason for not depositing the security fee, despite clear orders of the learned Service Tribunal.

The upshot of the above discussion is that this appeal finding no force, is hereby dismissed with no order as to costs.

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