ABDUL KHALIL Versus MANZOOR AHMAD

1. BASHARAT AHMAD SHAIKH, J.- --Respondent No.l Manzoor Ahmad, filed a writ petition in the High Court to challenge the order passed by the learned Mohtasib of Azad Jammu and Kashmir whereby he directed the Chief Conservator of Forests to relieve him from the post of Forest Guard and to appoint the present appellant Abdul Khalil in his place. He also prayed for a stay order. The case came up for preliminary hearing on 5th of December, 1996 before a learned Judge in the High Court who passed the following order:--

2. "A copy of the petition shall be sent to respondents 5 and 6 for parawise comments.

3. The impugned order passed by the learned Ombudsman on 7-1-1996 shall remain suspended subject to objection from other side. To come up on 12-1-1997."

4. Obtaining leave of the Court, Abdul Khalil has filed this appeal to challenge the second paragraph of the order by which the order passed by the learned Mohtasib was suspended subject to objection form the other side.

2. After hearing the learned counsel for the parties, we are of the opinion that the order under appeal is not sustainable. Firstly because the order has been passed in violation of Rule 34 of the Azad Jammu and Kashmir High Court Procedure Rules, 1984 inasmuch as no notice was given to the opposite party before passing the order nor was any reason recorded for not doing so. The second reason is that the order does not show as to why it was necessary to suspend operation of the order passed by the learned Mohtasib. We, therefore, accept the appeal with costs and vacate the second paragraph of the order of the High Court by which the operation of order passed by the learned Mohtasib was suspended.

5. C.M.S./204/SC(AJ&K) Appeal accepted.