Jammu and Kashmir Court October 2003 Judgments
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Dharmoo and anr. Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Oct-31-2003
Reported in: 2004CriLJ1019,2004(1)JKJ337
S.K. Gupta, J. 1. Through the currency of this revision, the petitioners, Dharmoo and Badri, seek the reversal of judgment dated 5.2.2003 passed by the Judicial Magistrate, Chenani, by virtue of which the petitioners have been convicted for offence under Sections 457/380 RPC and sentenced to simple imprisonment for two and a half years and a payment of fine of Rs. 5,000 each; and further in appeal, conviction confirmed and sentence modified by the learned Sessions Judge to simple imprisonment for a period of nine months and a fine of Rs. 1,000 vide his order dated 28th July, 2003.2. The facts relevant for the disposal of this revision put tersely are that both the accused-petitioners were charged to stand their trial for the commission of offence contrary to Sections 457/380 RPC on the allegations that on the night intervening 22/23 January, 1998, the accused forced their entry by breaking open the shop of the complainant, Thakur Dass, at Madha Chenani and removed a box of Biddis, a bo...
Amar Singh Vs. Indian Tourism Development Corporation and ors.
Court: Jammu and Kashmir
Decided on: Oct-31-2003
Reported in: 2004(1)JKJ158
Permod Kohli, J.1. Challenge is made to order dated 22-1-1999 passed by the appellate authority of the Indian Tourism Development Corporation Ltd. whereby appeal preferred by the petitioner against imposition of penalty by the disciplinary authority has been rejected.2. From the resume of facts as mentioned in the petition, it appears that disciplinary proceedings were initiated against the petitioner for commission of theft in as much as he was caught removing 1 Kg of 'Dhara' cooking oil from Hotel Ashoka, Jammu. Though the petitioner admitted the fact of removal of the material, but he tendered his explanation. The disciplinary authority ordered an inquiry in terms of the Conduct Rules. Inquiry Officer found the petitioner guilty of the charge. On consideration of the inquiry report the disciplinary authority passed the following order on 29-2-1996: 'On a careful consideration of the enquiry proceedings and findings, I agree with the findings of the Enquiry Officer and hold that the ...
All Jammu and Kashmir Mechnical Engineering Graduates Association Vs. ...
Court: Jammu and Kashmir
Decided on: Oct-31-2003
Reported in: 2004(1)JKJ154
Permod Kohli, J.1. Respondents were put to notice for non-compliance of interim order dated 3-6-2003 passed in SWP No. 938/2003 which reads as under:'Issue notice to the respondents, returnable within four weeks. CMP No. 969/2003 CMP is disposed of with the direction to the respondent that in case any promotion to the post of Executive Engineer, mechanical Wing is required to be made that should be strictly made in accordance with J&K; Engineering (Gazetted) Service Recruitment Rules, 1978, that is to say 80% by promotion from Class III Category 'A' from amongst persons possessing Bachelor's Degree in Engineering with 7 years service experience in the appropriate line and 20% by promotion from Class III category 'A' amongst Diploma Holders having at least 10 years service experience in that category. Provided that the number of Diploma Holders to be promoted from amongst the eligible persons shall not exceed 20% at any point of time.'2. The allegations contained in the contempt petitio...
Union of India (Uoi) and ors. Vs. Jaswant Raj Kotwal
Court: Jammu and Kashmir
Decided on: Oct-31-2003
Reported in: 2004(1)JKJ593
S.K. Gupta, J.1. There is a delay of 141 days in filing the appeal. It is stated that the judgment was delivered by the learned District Judge, Bhaderwah on 24-07-2002 and the applicants came to know about this judgment when received notice in an execution application on 23-12-2002 at New Delhi. It is further stated that copies were applied on 29-01-2003. The applicants/appellants further explained intervening period between 23rd December, 2002 to 29th January, 2003 as utilized in ascertaining the facts with regard to exparte proceedings taken against them. That after collecting the record from various places, the same was handed over along with certified copies of the judgment and decree to the Central Government Standing Counsel in preparing the appeal, who filed it on 20-03-2003.2. The respondents, on the other hand, in their objections submitted that the notice of the appeal filed before the District Judge, Bhaderwaha was served on the applicants herein, but only SDM, Bhaderwah cau...
Sat Pal Singh Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Oct-31-2003
Reported in: 2004(2)JKJ638
Permod Kohli, J.1. Petitioner has approached this Court for a direction not to board out him on account of his medical category and to provide shelter appointment.2. The medical facts are that the petitioner was recruited as a Constable GD on 17.6.1978 after undergoing necessary training. He was promoted as Lance Naik and thereafter as Head Constable. He remained posted at various places in the Country including the State of J&K.; While he was posted in 96 Bn.BSF in District Rajouri, he met with a vehicular accident on 24.4.1997 while travelling in vehicle No. WB-23134 driven by one Madan Lal, Head Constable. He suffered multiple injuries in the said accident. After being treated at Udhampur and BSF Hospital, Jammu, he was referred to Medical Board in District Hospital, Rajouri. The Medical Board assessed the disability at 80%. According to petitioner, his case has been recommended for boarding out fromm BSF service on ground of disability suffered by him while performing bonafide gove...
Bharat Bhushan Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Oct-17-2003
Reported in: 2004(1)JKJ166
Permod Kohli, J. 1. Selection/appointment of respondents 3 to 7 as Laboratory Assistants in the Health Department has been challenged by the petitioner, who remained unsuccessful in the said selection. Vide Advertisement Notice No. 01 of 2000 dated 21.9.2000, applications were invited by respondent-2 i.e. J&K; Subordinate Service Recruitment Board for selection of Laboratory Assistant in the Health Department, which was a District Cadre post. Another Advertisement Notice bearing No. 01 of 2001 dated 30.1.2001 was issued for District Rajouri. Petitioner, being eligible, was one of the applicants in both the selections. The qualification as prescribed in both the Advertisement Notices, was Matric with diploma of Laboratory Assistant from the State Medical Faculty or any other institute recognized by the J&K; Government or anybody authorized by it. Application of the petitioner was found to be in order and accordingly he was called for test, which was conducted by a committee consisting o...
Dr. Arun Kumar Thapa Vs. Prof. Amitabh Mattoo
Court: Jammu and Kashmir
Decided on: Oct-17-2003
Reported in: 2004(1)JKJ162
Permod Kohli, J. 1. Respondents- University vide its Advertisement Notice dated 1.6.2002 invited applications for selection/appointment to various posts indicated therein. One of the posts advertised was Deputy Registrar for which, following qualifications/eligibility criteria was laid down :' DEPUTY REGISTRAR 1. A Master's degree with at least 55% (50% in case of Senior teachers/Administrative Officers who are already in the University system) marks or its equivalent grade of B in the seven point scale with the letter grades O, A, B, C, D, E & F at the Master's degree level, from an Indian University, or an equivalent degree from a foreign University. 2. Five years experience as Lecturer in a College/University with experience in Educational Administration. OR Comparable experience in research establishment and/or other institutions of higher education; OR Five years administrative experience as Assistant Registrar or an equivalent post.' Petitioner, who claims to be eligible perso...
Dharam Chand Vs. State Through Education Deptt. and ors.
Court: Jammu and Kashmir
Decided on: Oct-17-2003
Reported in: 2004(1)JKJ170
Permod Kohli, J.1. Petitioner has assailed his transfer from Govt. Girls Higher Secondary School, Nagrota Jammu to Govt. Higher Secondary School, Malhar, District Kathua made vide Govt. Order No. 1352-Edu of 2003 dated 7-8-2003. Vide this order petitioner has been posted and transferred as Inchargc Principal, Govt. Higher Secondary School, Malhar vice one Balbir Singh and respondent No. 3 has been posted as Incharge Principal Govt. Girls Higher Secondary School, Nagrota vice the petitioner on promotion from the post of Senior Lecturer. This transfer has been challenged on two counts, firstly that the petitioner has been transferred pre-maturely after the period of nine months and secondly that in the transfer order he has been shown as Incharge Principal, whereas he is a regularly appointed Principal. Petitioner has submitted that his transfer is only to accommodate respondent No. 3, who is a blue-eyed boy of the respondents. Some allegations have been made that respondent No. 3 has se...
Bansi Lal Vs. Mohan Lal
Court: Jammu and Kashmir
Decided on: Oct-17-2003
Reported in: AIR2005J& K3,2004(1)JKJ536
Permod Kohli, J.1. An interesting proposition is involved in the present review petition arising out of order dated 2.8.2003 passed by me whereby revision petition directed against the order passed by the subordinate court, was dismissed being not maintainable under Section 115(2) of C.P.C. When this revision petition came up for consideration before me, a preliminary objection was raised on behalf of respondent regarding maintainability of the of the revision petition. Reference was made to Section 115 Sub-section 2 of CPC to convas that in view of the specific statutory bar in respect to appealable order, revision is not maintainable and is liable to be dismissed only on that score. Counsel for the revision petitioner (review petitioner) was not present at the time of hearing of the revision and accordingly following order was passed by me :-'This revision petition is directed against the order dated 4,3.2003 passed by the learned District Mobile Magistrate(Munsiff), Udhampur, whereb...
J.S. Modi Vs. State Through G.A.D and ors.
Court: Jammu and Kashmir
Decided on: Oct-16-2003
Reported in: 2004(1)JKJ556
Permod Kohli, J.1. Heard the learned counsel for the parties. Petition is admitted to hearing and taken up for final disposal on the consensus of the learned counsel for the parties.2. Petitioner was the Member of Kashmir Administrative Service and was placed in selection grade. In the year 2002. Vide Government order No. 793-GAD of 2002 dated 27-4-2002 petitioner came to be transferred and posted as Member, Jammu & Kashmir Service Selection Board, Jammu. He was ordered to be retired from the said post on attaining the age of superannuation i.e. 58 years as a Member of Kashmir Administrative Service. Petitioner on being retired from service was made to relinquish the office as a Member of J&K; Services Selection Board. He has invoked the writ jurisdiction of this Court seeking answer to following questions formulated in the petition and consequently the reliefs claimed in the writ petition that include his continuation as Member of J&K; Services Selection Board and the arrears of salar...
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