Jammu and Kashmir Court September 2003 Judgments
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Gopal Dass Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-29-2003
Reported in: 2004(1)JKJ256
Permod Kohli, J.1. Selection/appointment of private respondents as Lecturer 10+2 Urdu in School Education Department made vide impugned Order No. PSC/DR/Lect+2/Urdu/98 Dated 6.2.2003 has been questioned in the present petition. In addition to this, a further direction is sought by the petitioner seeking his own appointment as 10+2 Lecturer on the basis of his name being in the waiting list at Sr.No. 1.2. The process for selection was initiated vide advertisement Notice No. 9-PSC of 2001 dated 18.5.2001, whereby applications for the post of Lecturer (10+2) Urdu in School Education Department were invited from various categories including Scheduled Caste Category. Petitioner belongs to Scheduled caste Category. There were three vacancies reserved for the category in the advertisement notice. All the candidates were subjected to screening test conducted on 2.12.2001. Petitioner is said to have qualified for the same. He was called to participate in the interview held from 7th to 21st Dece...
T. Benjwal Vs. Union of India (Uoi) Through Ministry of Surface Transp ...
Court: Jammu and Kashmir
Decided on: Sep-29-2003
Reported in: 2004(2)JKJ650
Permod Kohli, J.1. Short controversy involved in the present petition is whether the delinquent officer is entitled to be afforded an opportunity of being heard where the disciplinary authority disagreeing with the findings of the Inquiry Officer decides to impose punishment upon such delinquent officer.2. Petitioner herein was working as Superintendent BR-I in the pay scale of 5500-9000 and was posted at 852 DM PL under 69 RCC at Vijaypur Ramgarh and SM Pur Road. Some inquiry was initiated against one N.S. Doon, EE c OC 69 RCC regarding construction of a private bridge near Tohana (Haryana). Petitioner was summoned as a witness in the said inquiry. On the basis of the statement recorded during the Court of Inquiry initiated against said Mr. Doon, the authorities proposed to initiate departmental inquiry against the petitioner and two others. Accordingly, departmental inquiry was initiated. Lt. Col Dharma Pal, Second-In-Command was appointed as Inquiry Officer vide order dated 14-2-200...
Principal, Regional Engineering College and ors. Vs. Zameer and Co.
Court: Jammu and Kashmir
Decided on: Sep-22-2003
Reported in: AIR2004J& K71
Syed Bashir-Ud-Din, J.1. Respondent pursuant to notice issued by Regional Engineering College, Srinagar through its Central Purchase Unit (Annexure A3) published in Srinagar based local dallies submitted his offer and quotations for supply of requisitioned articles/goods. The quotation and offer was accepted vide letter dated 7-2-1991 addressed to petitioner, subject to set terms and conditions. Respondent/plaintiff supplied the articles/goods to appellant/defendants regarding six items. After further clarification sought and furnished, the matter was concluded and supply was made in full in terms of the specifications. However, when bill was submitted for payment, there was some delay and finally petitioner-supplier was asked to remove and lift 18 items out of the 54 items supplied by him from the premises of Engineering College; Though the reasons for lifting of these 18 items were not accepted, but having regard to the fact that no payment was released, petitioner had no choice but ...
Ghulam Ahmad Mir and ors. and Vs. Altaf HussaIn Mir and ors.
Court: Jammu and Kashmir
Decided on: Sep-22-2003
Reported in: 2004(1)JKJ467
Syed Bashir-ud-Din, J. 1. Respondent one Altaf Hussain Mir filed Civil Original Suit 68/99 against the co-respondents in respect of land measuring 1 kanal 12 marlas and 23 Sq. feets covered by Survey Nos 1709, and 1714/1167 of Kh. Nos 44 and 43, situated at Tangbagh Nawpora Srinagar. The suit was referred to Lok Adalat by 1st, Addl. Munsiff Srinagar. Before the Lok Adalat parties to the suit filed an agreement and compromised the matter, in terms whereof defendants to the suit admitted the plaintiff - Respondent No. 1 as title holder in possession/occupation of the land. The Lok Adalat passed award as such as per the agreement and compromise arrived at by the parties and a decree followed accordingly. Against this award and decree, appellant (even so before this Court) after seeking leave and permission to file Appeal, filed Appeal 8/2000 before District and Sessions Judge, Srinagar. The Appeal was assigned and transferred to 4th Addl. District and Sessions Judge, Srinagar. The Appeal ...
State of J and K and ors. Vs. Shri Jagu Ram and ors.
Court: Jammu and Kashmir
Decided on: Sep-20-2003
Reported in: 2004(1)JKJ259
Nisar Ahmad Kakru, J.1. This Letters Patent Appeal arises out of the judgment of the learned Single Judge pronounced on 22.11.2001 in exercise of the writ jurisdiction in a petition filed by an ill fated father of a police constable of 6th Bn. of JKAP, namely, Shri Kaka Singh who appears to have fallen victim to the violence of anti social elements subsequent to disappearance in course of his deployment to Manigam, Baramula in connection with law and order duty. Ex gratia relief of rupees one lac was sanctioned and released in favour of the writ petitioner (Respondent herein)but family pension was withheld by the respondent-employer,(appellants herein) leaving no option for him but to knock the doors of the authorities at the helm. The effort bore no results, thus controversy landed in the Court. The facts material for disposal of the lis may be stated. It has a chequered history. First OWP No. 90/1990 filed by the respondent was decided on 26.07.1995 with the following direction :' It...
Arya Samaj Wazir Bagh Vs. Managing Committee and ors.
Court: Jammu and Kashmir
Decided on: Sep-20-2003
Reported in: 2004(1)JKJ174
Nisar Ahmad Kakru, J.1. This LPA arises out of the judgment of the learned Single Judge passed in OWP No. 1096/2002. The facts material for its disposal may be noticed. Appellant and respondent No. 1 to this LPA have disputed the locus of each other in managing the affairs of D.A.V. Institution in a suit which is subjudice before the civil court. During its pendency the respondent No. 1 filed a petition seeking a writ of mandamus to command the respondent-state to accord approval in its favour to the effect that it is the only genuine Managing Committee. Writ petition came to be decided requiring functionaries of the state to examine the claim of the writ petitioner (respondent No. 1 herein). In compliance thereto, claim of the writ petitioner was examined begetting approval/recognition in its favour. Being aggrieved, therefore, this LPA.2. What irks us the most is the stance of the writ petitioner, respondent No. 1 taken by him in his objections filed against the admissibility of leav...
Dewan Singh and ors. Vs. Shelo Devi and ors.
Court: Jammu and Kashmir
Decided on: Sep-17-2003
Reported in: 2004(1)JKJ341
S.K. Gupta, J. 1. This Revision is directed against the order dated 10-3-2003 propounded by Munsiff, First Class, Sunderbani, whereby the application of the defendants/respondents for amendment of the written statement has been allowed. It appears that in a suit for permanent prohibitory injunction commenced by the plaintiffs/ petitioners, the defendants/respondents filed demurrer and issues were settled by the Court on the pleadings of the parties on 14-1-2003 and the proceedings were set for arguments on preliminary issues to be listed on 21-1-2003. It was on 21st January, 2003, the defendants/respondents expressed their desirability to file amendment to the written statement and sought time for the same. Amendment application was filed by the defendants/respondents on 28-1-2003 averring therein that after the Naib-Tehsildar, Sunderbani, along with his staff had conducted a 'Nishandihi' in respect of Khasra No. 388, certain new facts came to their knowledge, which were earlier not kn...
Des Raj Alias Parbhatu and anr. Vs. Raghunath Singh
Court: Jammu and Kashmir
Decided on: Sep-17-2003
Reported in: AIR2004J& K64
ORDERS.K. Gupta, J.1. By means of this application supported by an affidavit, the applicants seek the return of some of the documents filed with the Revision Petition in this court, which stood decided on 28-8-2000 in invoking the provisions of Order 13, Rule 9 of the CPC. It was further submitted that no special leave to appeal has been preferred against the final decision in the Supreme Court. The details of the documents filed with the Revision Petition by the applicants are given in para No. 2 of the application. For facility of reference, the documents produced are detailed as under :1. Certified copy of the plaint of the suit titled Raghunath Singh v. Madan Lal Dt. 12-6-1980 filed by respondent in the Court of Munsiff R.S. Pura.2. Certified copy of written statement filed by the applicants in that suit.3. Certified copy of the issues framed in that suit.4. Certified copy of the order of Munsiff Court R. S. Pura dismissing the aforesaid suit dated 19-5-1983 along with order of the...
Shafiq Ahmad Beigh Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Sep-16-2003
Reported in: 2004(1)JKJ111
R.C. Gandhi, J. 1. Petitioner Khurshid Ahmad Beigh, brother of Shafiq Ahmad Beigh seeks to quash the detention order No. DMS/PSA/22 dated: 14.5.2002 passed by District Magistrate, Srinagar in exercise of the powers under Section 8 of the J&K; Public Safety Act, 1978 (hereinafter to be referred as 'the Act') directing preventive detention of the detenu which has been subsequently confirmed by theGovernment for a period of 24 months.2. Petitioner has challenged the detention order on, various grounds including that the respondents have not provided opportunity to the detenu to appear and defend himself before the Advisory Board. The Board has not recommended the detention of the detenu. Respondents have not informed the detenu to make a representation in terms of Section 13 of the Act. The record on the basis, of which the District Magistrate has arrived his subjective satisfaction, such as, documents supplied by the concerned SSP, reference of which has been made in the detention order,...
Rajan Gupta and Jugal Kishore Anand Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-15-2003
Reported in: 2003(3)JKJ513
Permod Kohli, J. 1. Back-door entry into the Government service has again invited the attention of this Court through the medium of the present petition.2. Respondent No. 4 Owais Ahmed who is the son of the then Cabinet Minister of State came to be appointed as Assistant Tourist Officer in relaxation of rules vide Order No. 1421-GAD of 1998 dated 29.10.1998. Petitioner Rajan Gupta (in SWP No. 1363/2000) who claims to be a Post Graduate with Diploma in Management and Post Graduate in Marketing Management and knowledge of German language is highly qualified. Similarly, petitioner Jugal Kishore Anand (in SWP No. 1235/2000) is B.Sc, LL.B, with Master of Business Administration (MBA); P.G. Diploma in Tourism Administration with 18 months Post Graduation Course in Advance Computer applications and One year Accountancy Training from Northern Zonal Accountancy Training Institution, J&K; Govt, is highly qualified person. Both the petitioners have challenged the appointment of respondent No. 4 O...
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