Jammu and Kashmir Court February 2004 Judgments
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Union of India (Uoi) and Dg, Bsf Through Dig Bsf Vs. D.S. Sandhu
Court: Jammu and Kashmir
Decided on: Feb-20-2004
Reported in: 2004(2)JKJ174
S.N. Jha, C.J.1. This letters patent appeal by the Union of India is directed against order dated 16.08.2001 passed by the learned Single Judge in SWP No. 2479 of 1999, allowing the writ petition of the respondent-writ petitioner.2. The respondent filed the writ petition seeking in effect and substance a direction to promote him on the post of Deputy Commandant from a date prior to the date of promotion of Ajay Ram Pal who was arrayed as respon-dent-3 in the writ petition. The grievance of the respondent was that he was denied promotion on the said post by reason of displeasure communicated to him on 12.6.1998 with respect to incident of 1993-94. According to the respondent, with respect to the allegations of embezzlement of public money, allegedly made in 1994, a staff court of inquiry was held in 1994. This was followed by three additional enquiries. None of the enquiries revealed any material or justifiable cause to initiate any proceedings. However, displeasure was communicated to ...
Alson Automobiles Private Ltd. Through Its Prop. Liaqat Ali Shah Vs. S ...
Court: Jammu and Kashmir
Decided on: Feb-20-2004
Reported in: 2004(2)JKJ34
Sayed Bashir-Ud-Din, J.1. This writ petition is directed against order dated 25.7.2001 passed by State Commission under Consumer Protection Act, 1987 dismissing the petitioner's application for condonation of delay for filing appeal against an order of Divisional forum under the Act and consequently dismissed the appeal.2. Respondent No. 2 filed a consumer complaint before Divisional forum at Srinagar regarding a BPL CTV set purchased by him from the opposite party writ petitioner. On contest the Divisional forum allowed the complaint by ordering the opposite party to provide alternate to the consumer respondent No. 2 with compensation of Rs. 5000A. This order was passed on 1.7.2000.3. Against this order the aggrieved party writ petitioner did not file appeal within prescribed period of time and instead the appeal was filed 56 days beyond the prescribed time period provided for such appeal. Alongside petitioner filed an application seeking condonation of delay the appellate forum of St...
Mohd. Ayoub, Surjeet Kumar and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-16-2004
Reported in: 2004(2)JKJ86
1. Petitioners in these writ petitions applied for their selection as teachers pursuant to advertisement notice dated 19.4.1990 to the J&K; Subordinate Service Recruitment Board. Besides the qualifications and other eligibility criterion as prescribed in the advertisement, pay scale for the post, was also indicated as Rs. 900-1830 (revised Rs. 1200-2040). After completion of process of selection, a select list was issued in the year 1991 and number of candidates were appointed in the aforesaid pay scale. One of such of appointment order dated 30.11.1991 of one Sat Pal, is placed on record. As far petitioners are concerned, they also came to be appointed in the year 1993. However, in case of petitioners, their pay scale was mentioned as 950-1500.2. The grievance of the petitioners as projected in these petitions is, that they were candidates in the same selection though appointed on different dates and through different select lists, their pay scales cannot be different. The prayer made...
Arvind Sharma Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-16-2004
Reported in: 2004(2)JKJ71
Permod Kohli, J.1. Respondent-3 issued Notification No. PSC/Ex-2001 dated 4-12-2001 inviting applications from the eligible candidates for selection/recruitment to J&K; Civil Service (Judicial ) for the post of Munsiff. The last date prescribed for receipt of applications, was fixed as 1.2.2002 by hand and 8.2.2002 through postal service. Petitioner, who was Law Graduate and practicing advocate, claiming himself to be eligible, applied for the post of Munsiff in response to the aforesaid advertisement notice. He forwarded his application through registered post on 5.2.2002, which was received by the respondents before 8.2.2002. According to petitioner, he furnished all the requisite certificates as prescribed in the advertisement notice.. Application of the petitioner came to be rejected vide communication No. 225 dated 21.5.2002 with following comments : 'Bar practice is less than three years.' It was this order, which is the subject matter of challenge in the present petition. Petiti...
Balram Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-16-2004
Reported in: 2004(2)JKJ88
Permod Kohli, J.1. Aggrieved of an order No. G3/53/1093/11/99 dated 1.3.2000 issued by the Chief Controller of Defence Accounts (Pension), Allahabad whereby claim of the petitioner for disability pension has been rejected, petitioner has approached this court seeking quashment of the aforesaid order and consequently a direction in the nature of mandamus for grant of disability pension with interest.2. As per averments made in the petition, petitioner joined Army service as recruit on 24.9.1982 and was allotted No. 14480430Y. After undergoing training at Artillary Centre, Hyderabad, petitioner was posted in 121 Med Battery, thereafter to 285 Med Regiment. He claims to have remained posted in Srinagar, Punjab, Assam and Leh, It is also averred in the writ petition that the work of the petitioner was highly appreciated by his superiors and on the basis of his seniority and work, he was promoted as Naik in the year 1994. It is also stated that at the time of entry into Army, he was examine...
Kaushalya Devi Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-16-2004
Reported in: 2004(2)JKJ113
Permod Kohli, J.1. Petitioner is the widow of late Phagu Ram, who was Cosntable in Border Security Force (BSF) with Enrollment No. 67533209 in Battalion 53. According to the averments made in the petition, late Phagu Ram was recruited as constable in BSF in the year 1963 on selection by the Board including medical examination and he was found medically fit. He continued to serve BSF till July 1972, when he was declared medically unfit for retention in the service and invalidated out. He was sent to home under critical physical condition and died on 20.12.1972. Petitioner claims to have made various representations to the respondents for family pension being widow of the deceased constable. She has explained the delay in filing this petition on the ground that, few months after the death of her husband, she suffered paralysis and her limbs became crippled. She lost considerable eye sight due to sufferings and ailment. It was only after long ailment, when she recovered and was able to fi...
Jasbir Kour and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-12-2004
Reported in: 2004(3)JKJ63
Gupta, J.1. We have heard Mr. H.A. Siddiqui, learned counsel appearing for appellants as well as M/S S. Hakim, Dy.AG, appearing for respondent No. 1, Vinod Bakshi, Dy.AG, appearing for respondent No. 2 and Mr. Sarfaraz Hamid Rather, learned counsel appearing for respondent No. 3 in extenso. This appeal is directed against the judgment and order dated 17.10.03 propounded by the learned Single Judge in SWP No. 2844 of 2001, filed by the appellants herein (private respondents 3 to 7 before the Writ Court). By the aforementioned judgment and order, the learned Single Judge has allowed the writ petition and quashed the selection of private respondents with a direction to the Service Selection Board to make the selection afresh out of candidates who appeared in pursuance of Notification Nos. 01 of 2000 dated 21/09/2000 and 01 of 2001 dated 30/01/2001 after giving due weightage to matriculation and higher qualification equally alongwith technical qualification in accord with the eligibility c...
Akhil Thakur Vs. Vice-chancellor, University of Jammu and ors.
Court: Jammu and Kashmir
Decided on: Feb-11-2004
Reported in: AIR2004J& K156,2005(1)JKJ643
ORDERY.P. Nargotra, J.1. Pursuant to notification inviting applications from eligible candidates for undergoing five years Law course for the Session 2003-04 issued by Respondent No. 3, the petitioner herein belonging to Lachhdayyaram Tehsil Kishtwar District Doda, a backward area, applied but was not selected, though he had obtained 52 marks. However, the respondent No. 4 who belonged to Backward Area of Leh and Kargil was selected despite the fact that he had obtained 40 marks in written test conducted for selection of the candidates.2. The petitioner has challenged the selection of Respondent No. 4 out of the reserved category of candidates belonging to Backward Areas on the ground that in the said category he possessed better merit as such in place of respondent No. 4, he should have been selected for admission to the Law Course.3. The case projected by the petitioner is that distribution of 50 seats included 4% reservation for candidates of Backward Areas including Districts of Le...
S.R. Gupta and ors. Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Feb-11-2004
Reported in: 2004(2)JKJ137
Y.P. Nargotra, J.1. The Vigilance Organization, Jammu received information that there was large scale bungling and mis-utilization of funds committed by the officers of J&K; Energy Development Agency (JAKEDA) for the purchase of Solar Devices. Preliminary enquiry was conducted which led to the registration of FIR No. 6/1998. The investigation was conducted by the Vigilance Organization into the FIR and after completion thereof, four separate charge sheets stand filed in the Court of Special Judge, Anti-Corruption, Jammu against the accused. The facts alleged for constituting the offences in nutshell be stated as follows.2. Government of Jammu and Kashmir issued Government Order No. 10-Ind. of 1995 dated 19th January 1995, whereby a package of incentives was released for the Industrial Units of the State. One such incentive was Price Preference up to twelve and half percent for all registered SSI Units, meaning thereby that if the rates quoted by the SSI Units as compared to the lowest ...
Mst. Mugli Vs. State Through Sho Police Station Sopore
Court: Jammu and Kashmir
Decided on: Feb-09-2004
Reported in: 2004(2)JKJ40
Sayed Bashir-Ud-Din, J.1. Besides other accused, Mst.Mugli and Mst. Shareefa are facing trial in FIR 287 of 2001 under Section 447/302 read with Section 34 R.P.C. before the District and Session's Judge Baramulla. Mst. Shareefa has been given bail on 1.11.2003, whereas, Mst.Mugli has been refused bail by the same order. This order is under challenge in this petition. The grounds taken are that in all six persons accused, are facing trial in the case before District and Sessions Judge Baramulla. Ajoint application was moved by Mugli and Shareefa for bail. The trial court admitted Shareefa to bail but refused it to Mugli. Both ladies along with other four male accused are roped in the case in almost identical circumstances and on similar facts. Both are facing same charge of complicity in the crime as vicarious liability for having caused death amounting to murder. Both were referred for medical examination and both have been certified to be suffering from ailment. The applicant Mugli, i...