Court : Jammu and Kashmir
Reported in : 2008(3)JKJ84
K.S. Radhakrishnan, C.J.1. The question that arises for consideration in this case is whether a daily rated worker, who was engaged after January 31,1994 in violation of Government Order No. 26-F of 1994 dated January 31,1994, is entitled to the benefit of SRO 64 of 1994 dated March 24,19942. Petitioners admittedly were engaged as daily rated workers after January 31,1994 but before March 31,1994. Government Order No. 26-F of 1994 restricted engagement of daily wager/daily rated workers in government service, in any form, after March 31,1994. Operative portion of Government Order No. 26-F of 1994 reads as follows:The practice of engagement of daily wager/daily rated worker in the Government in any form is hereby withdrawn retaining only the concept of casual labour/seasonal labour for specified development departments. The engagement of such casual/seasonal labour shall be on the muster roll for payment of wages and no engagement/appointment orders shall be issued. Further modalities f...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ80
K.S. Radhakrishnan, C.J.1. Writ petition was preferred by the appellant herein seeking writ of certiorari to quash the selection process initiated by the official respondents for filling up the posts of Principals along with the recommendations made by respondents 2 and 3 and also Government Order dated August 22, 2000; and also for writ of mandamus directing official respondents to initiate fresh process of selection for filling up the posts of Principals, and till that time a direction was sought not to allow respondents 4 to 42 to function as Principals or draw salary of the post in any manner; and also for consequential reliefs. Learned Single Judge found no infirmity in the process of selection initiated by the official respondents or defect in the constitution of the Committee, or in the selection of respondents 4 to 42, and dismissed the writ petition by order dated February 2/2006 against which this appeal has been preferred.2. Before us various contentions were raised by learn...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ201
K.S. Radhakrishnan, C.J.1. The question that has come up for consideration in this case is whether a Bank, after purchasing or discounting a DD and crediting the same in the customer's account with the amount of the instrument, can dishonour the cheque(s) issued by the customer and reverse the entries of the credit2. Punjab National Bank (short 'PNB') after having purchased DD, credited the amount in the account of the complainant, honoured few cheques against complainant's account and then later stopped payment of various other cheques. Complainant approached the State Commission for deficiency of service. Complaint was allowed by the Commission and reliefs were granted. Aggrieved by the same, PNB has approached this Court with this appeal. Short facts, which are necessary for disposal of the appeal are as follows.3. Complainant on July 12,1999, obtained a DD for Rs. 20,95,600/- from Jammu and Kashmir Bank Limited (short 'J&K; Bank') and presented the same to PNB. PNB purchased the ab...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ174
Mansoor Ahmad Mir, J.1. The short question involved in this writ petition is whether the respondent State can be restrained from shifting of Veterinary Unit from one place to another.2. It is averred in the writ petition that a temporary Veterinary Unit came to be commissioned at Village Attina (Beerwah) in the year 1997 in terms of annexures, A, B and C. Now, the respondents are trying to shift it to village Charangam (Beerwah) at the behest of MLA concerned.3. Respondents have resisted the writ petition by the medium of reply and it is specifically stated in the reply that no Veterinary Unit was established in Village Attina but one Live Stock Assistant from Gundipora, was asked to visit village Atina which is evident from annexure-A to the writ petition. Further, it is stated that the establishment of centre at Village Charangam came to be established and commissioned in terms of the Administrative instructions. Thus, writ petition merits to be dismissed.4. Documents-annexures-A, B ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ173
Mansoor Ahmad Mir, J.1. Petitioner has questioned the order No. 874/2002 dated 30.10.2002 passed by Sr. Superintendent of Police, Baramulla, whereby the petitioner came to be removed from service, on the grounds taken in the writ petition.2. It appears that writ petitioner came to be appointed as Constable vide order No. 951/2000 dated 03.10.2000 on probation for a period of three years. He had to undergo training at STC Sheeri. Removal order came to be passed on the grounds that he remained absent unauthorisedly during training. No doubt the impugned order came to be passed during the period of probation but without enquiry. Police constable can be discharged from service during probation in terms of Regulation 187 of Police Regulations. It is apt to reproduce Regulation 187 of the Police Regulations herein:187. DISCHARGE OF INEFFICEINT: a constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enro...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ14
M. Yaqoob Mir, J.1. The detenue namely Manzoor Ahmed Wani S/o Assadullah Wani R/o Natipora, Rambagh, Srinagar has been arrested by the Security Forces on 05.11.2006. Case registered against him as crime No. 126/2006 P/S Sadar for commission of offence punishable under Section 307 RPC. While in custody detenue was ordered to be detained under the provisions of Public Safety Act pursuant to detention order No. DMS/PSA/28 of 2007 dated 13.02.2008. Aggrieved thereof, instant petition for quashment.2. Considered the submissions as made, perused the respective pleadings, what emerges therefrom is that the detenue/while being at large, had undertaken multi-dimensional subversive activities, consequent thereof has threatened the security of the State. His activities have been found prejudicial to the integrity/security of the State so detained.3. Appearing counsel for the petitioner first contended that the detenue was arrested on 05.11.2006 in connection with FIR No. 126/2006 registered in Po...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ11
M. Yaqoob Mir, J.1. Impugned is the order dated 16.07.2007 passed by learned Munsiff, Ganderbal, wherein petition for review filed by petitioners herein has been allowed. The grievance of the petitioners is that the learned Trial Court has exceeded the jurisdiction by traveling beyond what was prayed for in the application, resultantly, miscarriage of justice is apparent.2. Precise factual background has to be noticed so as to determine the matter in its right direction.3. Petitioners (plaintiffs) filed suit for declaration and injunction as against the respondents (defendants) viz-a-viz land measuring 12 marlas covered by survey No. 453 falling under khewat no, 19 situated at Khalmulla, Tehsil, Ganderbal. Sale deed regarding the same land shown to have been executed by the petitioners was sought to be cancelled being forged. Parties have entered into proper compromise which is evidenced by written compromise presented before the Court of learned Munsiff based on which suit has been de...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ354
Nirmal Singh, J.1. Petitioner who came to be enrolled in the Army on 4th of October, 1978, was discharged from service on 21st of August, 1981, on compassionate grounds at the request made by the petitioner. Thereafter, he was re-enrolled in the Defence Security Corps on 31st of May'82, and served upto 1987, when he suffered from intense pain in the head and applied for medical leave which was granted to him. Before the petitioner could recover and join back his duties, he received a communication dated 25th of May'88, from the respondents that the petitioner has been discharged from service on medical grounds. Petitioner thereafter applied to respondents for grant of disability pension, which was rejected. He filed a writ petition bearing SWP No. 2012/01, which was disposed of vide judgment dt. 27th of March02.2. The case of the petitioner is that after the writ petition aforementioned was allowed by this Court, the respondents implemented the judgment and released service as well as ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ349
Nirmal Singh, J.1. Petitioner is seeking a writ in the nature of mandamus commanding upon the respondents to treat the petitioner having been appointed retrospectively w.e.f. April '92, and to accord other consequential benefits including the maintenance of his seniority position.2. The brief facts for the disposal of the case are that petitioner along with others had applied for the post of Junior Engineer (Civil) Grd. II in pursuance to a notification issued by the J&K; Service Selection Recruitment Board in the year 1988. The selection made by the respondents in this regard became the subject matter of challenge in SWP No. 369/88 titled Vijay Kumar Sharma and Ors. v. State and Ors. This Court vide judgment dt. 20th of Sept'90, allowed the writ petition and quashed the selection of private respondents therein with a direction to respondent State to fill up the posts on the basis of merit and in accordance with the rules governing the field. Against the aforesaid judgment, the State o...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ378
J.P. Singh, J.1. Social Forestry Project, Talab Tillo, Jammu had issued Auction Notice No. 6443-83 dated 22.02.1995 for open auction of standing trees of Eucalyptus and Poplar etc. at Centenary Conference Hall (M.F.P) Godown of Forest Department, Pul-par near Police Lines, Gandhi Nagar, Jammu, on 15.03.1995 at 11 a.m.2. Petitioner, being the highest bidder was allotted lot No. 1/Jammu of Jammu S.F. Range, and 6/Jammu of Vijaypur S. F. Range for felling/extraction of Eucalyptus specie of 3698 trees of 459.20 cubic meters volume (lot No. l/Jammu-1880 trees of 278.30 cubic meters volume &lot; No. 6/Jammu-1818 trees of 180.90 cubic meters volume).3. After paying the full amount, the petitioner started felling and transporting the trees allotted to it. It had lifted only 2396.64 cft. of timber (67.86 cubic meters) when Executive Engineer, Irrigation and Flood Control Department, Jammu, respondent No. 6, not only stopped its activity of felling and transporting the allotted trees, but also s...
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