Jammu and Kashmir Court October 2002 Judgments
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Mohd. Iqbal and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Oct-31-2002
Reported in: 2003(1)JKJ101
1. Petitioner seeks a direction to respondents to reinstate him in service as casual laborer as he has put in 240 days in a year in a project. He also seeks regularization of service under SRO 64/94. It is admitted by the petitioner in his representation to the Minister for Forests which has been annexed as annexure- B to this petition that he was worked in social Forestry Department as daily wager from 8.1.1986 to ending 1989. He was disbanded in January 1990. Thereafter the petitioner has not been engaged. On the strength of this evidence, petitioner seeks re-instatement having work for a period of 240 days in the years 1986 to 1989.2. Petitioner is not a daily rated worker, therefore, he is not entitled to the relief for regularisation of service under SRO 64/94. He does not satisfy the requirement for Rule - 4 of SRO 64 which mandates that a daily rated worker who has completed seven years as daily rated worker is entitled to seek regularisation.3. So far as claim of the petitioner...
Malkiat Singh Toora Vs. Union of India (Uoi) and anr.
Court: Jammu and Kashmir
Decided on: Oct-31-2002
Reported in: 2003(2)JKJ130
Nissar Ahmad Kakru, J.1. The trial by the General Security Force Court (GSFC for short) of the petitioner-Deputy Commandant who at the material time held the rank of Assistant Commandant appears to have originated from the allegation of having slapped and beaten a constable. Trial was clinched by a finding of 'not guilty' by order dated 24.9.1991, When it came to the notice of respondent No. 4 Inspector General of Border Security Force (IG hereinafter), He passed an order on 14-01-1992 (revision order hereinafter) directing re-assembling of the court to reconsider 'not guilty' finding. In compliance with the said order, the GSFC reversed the finding of 'not guilty' and sentenced the petitioner by order dated 24-01-1992 which may be noticed:'The court sentence the accused IRLA No. 3229 Malkiat Singh Toora Asstt. Commandant of 96 Batallion BSF to : (i) Take rank and precedence as if his appointment to the rank of Assistant Commandant bore the date 01-07-1987 (1-7-1987);(ii) Be severely r...
Union of India (Uoi), Vs. Khurmi Gun Works,
Court: Jammu and Kashmir
Decided on: Oct-30-2002
Reported in: 2003(2)JKJ101
V.K. Jhanji, J. 1. This shall dispose of all the abovementioned six Letter Patent Appeals.2. All the Letter Patent Appeals arise out of the writ petitions filed by the persons manufacturing guns, cartridges, gun powder etc. The licence to manufacture arms etc. was granted by the Govt. of India on the recommendation of the State Govt. permitting them to manufacture certain quantity of guns, cartridges, gun powder etc. per year. The Govt. of India has been issuing policy regarding issuance of arms licence from time to time. The first policy in this regard is the Industrial Policy Resolution of 1956. The said policy was noticed by the Supreme Court of India in Ranjit Singh v. Union of India, AIR 1981 SC 461, wherein it was observed as under:-'Purporting to implement the Industrial Policy Resolution, the Government issued instructions that the quota fixed should be such that the market is not flooded with arms and ammunition. No Objection can be raised to that. It is as it should be. But w...
Smt. Sham Rani and ors. Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Oct-29-2002
Reported in: 2003(1)JKJ92
V.K Jhanji, J.1. This appeal is directed against order dated 25th July 2002 whereby the claim of the appellants for compassionate appointment has been rejected.2. In brief the facts are that one Sham Lal Pandita, Inspector in J&K; Police was killed by the militants on 15.7.1994. Earlier to that his only son aged 21/22 years was kidnapped by the militants and killed in the Ist week of May 1994. One Anil Kumar Jad claiming himself to be the adopted son of Sham Lal Pandita sought appointment on compassionate grounds. Vice order dated 9.7.2001 sanction was accorded to the appointment of Anil Kumar Jad as Assistant Sub Inspector of Police in the Police Department in relaxation of rules and age bar by one year four months and 15 days as on 1.1.2001. The appointment made was on account of sufferings of the family due to on going militancy and death of his adoptive father in militancy related incident. The appellants herein are the widow and son-in-law of said Sham lal Pandita . The case of th...
State and ors. Vs. Maharaja Krishan Bhat and ors. Overruled
Court: Jammu and Kashmir
Decided on: Oct-11-2002
Reported in: 2003(1)JKJ94
V.K Jhanji, J.1. This appeal by the state is directed against order dated 30.04.2001 passed by the learned Single Judge, whereby state has been directed to grant the same relief to the writ petitioners as was granted to the writ petitioner in SWP No. 519/87. 2. In brief the facts are that one Hamidullah Dar, who had been enrolled in the police Department as a constable in the year 1978, possessing Masters, Degree (Previous) from Kashmir University applied for the post of Sub Inspector in relaxation of recruitment rules. He at that time was posted in the Office of Director General of Police J&K;, Jammu, On receipt of his application, DIGP for Director General of Police, J&K; recommended that sanction be granted to the appointment of Hamidullah Dar, Constable as Sub Inspector of Police in relaxation of recruitment rules. Government vide order dated 1.4.1897 granted sanction to the appointment of Hamidullah Dar as Sub Inspector of Police against direct quota vacancy in relaxation of recru...
Balwan Singh S/O Late Sh. Jagdev Singh Vs. Union of India (Uoi), Throu ...
Court: Jammu and Kashmir
Decided on: Oct-11-2002
Reported in: 2003(1)JKJ104
S.K. Gupta, J.1. By means of this petition, the petitioner sought issuance of writ of certiorari to quash the show cause notice No. Esttt/33/BS/73/ 2001/798 dated 5.2.2001 by which it is tentatively proposed to terminate the services of the petitioner by way of dismissal with further direction to the respondents to allow the petitioner to join duties and release the salary. 2. The case of the petitioner projected in the writ petition is that he was enrolled in Border Security Force as Constable with effect from 26.8.1997 and after basic training posted in 73 Battalion, B.S.F on 3.1.99. The petitioner had proceeded on five days earned leave with effect from 10.11.2000 due to domestic problem. The petitioner, however, did not join back for duty after the expiry of leave and over stayed, is stayed that he sent telegram on 15.11.2000 for extension of leave on account of his ailment. Another telegram was also sent by him for further extension of leave on 30.12.2000 as the petitioner is stat...
Mohd. Abdullah Bhat Ex-A.S.i., S/O Ghulam Ahmed Bhat Vs. State of Jamm ...
Court: Jammu and Kashmir
Decided on: Oct-11-2002
Reported in: 2003(1)JKJ393
ORDER No, 418 of 2000 DATED 30-12-2000.2. This order deals with the departmental enquiry held against ASI Mohd Abdullah No. 5477 /NGO for negligence and dereliction of duty.3. Brief facts of the enquiry are that on 20-05-2000, a police party consisting of ASI Mohd Abdullah No 5477/NGO, HC Farooq Ahmed No. 110/D Sgct.Abdul Majid No. 525/D, Ct. Kiran Kumar No. 1891/D, Ct Hardesh Kumar 1907/D, Ct . Raj Kumar No. 1902/D, Ct Zahir Akhtar No. 1890/D. Ct. Anil Kumar No. 1734/ D, Ct Vinod Kumar No. 1898/D, Ct Adrash Kumar 1894/D, Ex-Serviceman Mohd Shafi No. 313/Ex-D, SPO Rakesh Kumar No. 3626, SPO Darshan Kumar No. 3025, SPO Raj Kumar No. 3624 and SPO Mohd Hafiz No 2328/SPO were deputed to Kote Balwal Jail for collection/escort of 10 under trials for their production before the Hon'ble Sessions Court at Bhaderwah (08 accused) and 2 before Hon'ble Addl. Sessions Court at Doda. The Police party reported back alongwith all the 10 under trials on 21-5-2000 at Doda where they stayed for the night ...
Karam Chand Vs. Sushil Kour and ors.
Court: Jammu and Kashmir
Decided on: Oct-11-2002
Reported in: 2003(1)JKJ1
B.L. Bhat, J.Considered. Admit.1. With the consent of the learned Counsel for the parties, this LPA which is directed against the Judgment dated 31-12-2001 recorded by the learned Single Judge in OWP No. 285/99 is taken up final disposal.2. The incontrovertable facts leading up to the filing of this appeal are that one Tirath Singh son of Ganga Singh, the predecessor-in-interest of respondents NO1 to 4 herein being a Displaced person from Pak Occupied Kashmir area of Tehsil Uri District Muzzafarbad was rehabilitated by the Govt. of Jammu & Kashmir by alloting him land as displaced person in two villages : land measuring about 3 kanal and 9 marlas comprising of Rh. No.43-min located at village Marh Bagh and land measuring about 5 kanals 3 marlas comprising of Kh.No. 62 located at Channi Mawalian in Tehsil Jammu was allotted to him. Said Tirath Singh being a Displaced person was put in possession of these lands by virtue of annexure-a dated 24th Asoj 2011 Bk. Consequent upon delivery of ...
State of Jandk Vs. Rajani Sehgal and ors.
Court: Jammu and Kashmir
Decided on: Oct-10-2002
Reported in: 2003(1)JKJ21
These two Revision Petitions whichare admitted shall stand disposed of vide this common Judgment.1. The Session Judge, Udhampur was of the opinion that the prosecution case suffers from a legal infirmity and in presence of such legal infirmity the prosecution of the accused is not possible unless sanction is obtained. It is this order which is subject matter of challenge in these petitions preferred by the State.2. The facts in brief are as under: (i) Respondent Rajani Sehgal was posted as Incharge Superintendent Sub Jail Reasi w.e.f. 1993 to 1996. It is submitted that during this period, She committed large number of irregularities and illegalities in the purchase of electric bulbs. The purchases which were made during the above period were to the extent of Rs. 204717. It was stated that this was done in connivance with respondents No. 2 and 3 who were also posted in the same sub jail as Assistant Superintendent and Store Keeper. The matter was reported to the Inspector General of Pol...
J.C. Sehgal Vs. D.D. Abrol and ors.
Court: Jammu and Kashmir
Decided on: Oct-10-2002
Reported in: 2003(1)JKJ85
T.S. Doabia, J.1. J.C Sehgal, who figures as a petitioners in civil Revision 231/ 2001 and as a respondent in Civil Revision 4/2002, through his counsel submits that the well know principle of law that the executing court is not supposed to go behind the decree would not be applicable to the facts of this case. It is submitted that, no-doubt the executing court is supposed to execute the degree as it stands and it cannot question its correctness, nor can it alter the relief granted by the degree, nor can the executing court amend the degree nevertheless, as indicated above, it is submitted that present is a case where an exception is supposed to be carved out. With a view to examine this aspect of the matter, would be apt to notice few facts: 2. D.D. Abrol, petitioner in Civil Revision 4/2002, who is opposing the point of view put across by J.C Sehgal and (here-in-after referred to as the degree holder) filed a suit for possession under the Jammu and Kashmir Right of Prior Purchase Act...
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