Jammu and Kashmir Court January 2014 Judgments
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Rajinder Singh Vs. Home Secy. to Govt. of India and Others
Court: Jammu and Kashmir
Decided on: Jan-31-2014
1. Petitioner was enrolled in Central Reserve Police Force on 04.04.1991 and served the Force till 31.05.1997. In May, 1997 an enquiry was directed against the petitioner regarding following instances of misconduct and dereliction of duty: 1) That the petitioner accompanyed by his namesake constable Rajinder Singh in May, 1997, in violation of Camp Standing Order prohibiting the personnel living in barracks/lines from going to family lines/quarters without permission, went to the residential quarter of SI Jagdish Singh at about 2130 hrs, beat the outerdoor of his residence and threatened the officer. 2) That the petitioner was found absent from night duty as Guard Markar at 1700 hrs without permission of the Competent Authority. 3) That the petitioner was found absent from night duty Guard Markar on 01.06.1997 at about 1700 hrs and when Day NCO Jagdish Parsad accompanied by Day SO SI OS George went to petitioners barrack they found him taking liquor with Rajinder Singh Constable No. 90...
Bharat Sanchar Nigam Ltd. and Others Vs. Sanchar Nigam Executives Asso ...
Court: Jammu and Kashmir
Decided on: Jan-31-2014
Massodi. J: 1. Controversy in the writ petition on hand relates to the entitlement of Executives posted in Jammu and Kashmir Telecom Circle to Special Duty Allowance (SDA). It arises in the following factual background. 2. Ministry of Finance, Department of Expenditure, Government of India on 29.08.2008 issued a communication providing for grant of Special Duty Allowance ( for short, SDA) @ 12.5% of the basic pay to the employees posted from outside to North Eastern Region. It was later decided to extend the benefit to such employees posted in Ladakh region of the JandK State from September, 2008. The policy was reviewed vide order No. 412-10/2009 pers.I dated 23.03.2010 to the extent of tenure, area/stations and facilities in respect of JandK, Gujrat and NR-II Circle. The aforesaid order made Special Duty Allowance applicable to the Jammu and Kashmir Circle. Resultantly, the Executives posted in Jammu and Kashmir Telecom Centres were allowed to draw allowance @ 12.50 per cent of their...
Lal Singh Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Jan-31-2014
1. Petitioner and respondent no.7 contested election of Sarpanch, Panchayat Halqa, Kumait, District Ramban held on 16.05.2011. In all 1148 voters cast their votes. Petitioner secured 526 votes while respondent no.7 got 525 votes, 81 votes went in favour of one Mohd. Mubeenthird candidate in the fray. While counting was on and petitioner likely to be declared elected, two tendered votes were opened by the Assistant Returning Officer. Both the votes went in favour of respondent no.7. His tally, therefore, got increased to 527, while petitioners votes remained at 526. 2. Petitioner objected to counting of two tendered votes on the ground that, the votes could not be counted in terms of JandK Panchayati Raj Act, 1989 and rules made there under. The matter was reported to Chief Electoral Officer through proper channel. The District Panchayat Election Officer, Ramban-Deputy Commissioner recommended re-poll, as according to him, election to aforementioned constituency was void. 3. The Deputy ...
Mohd Sultan Khan and Others Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Jan-29-2014
1. These seven petitions involve somewhat common facts. However, before stating the individual facts of these cases, I deem it appropriate to narrate the genesis of the controversy that is involved in these cases. These facts would also shed some light on casual approach of the concerned governmental functionaries in a matter involving State exchequer. 2. Way back in 2004, a proposal was mooted by the State Tourism Department through Chief Executive Officer, Pahalgam, for expansion of Pahalgam Golf Course for which certain lands were required to be acquired. The proposal was discussed in a meeting chaired by the Chief Minister on 18.04.2004 and the Chief Executive Officer, Pahalgam Development Authority, was authorized to place an indent with the Deputy Commissioner, Anantnag, for acquisition of land. Prior to that the Tehsildar concerned appears to have furnished the relevant details, presumably based on revenue records, of the land to the Chief Executive Officer, Pahalgam Development...
Shamsher Singh Sandhu Vs. Union of India and Others
Court: Jammu and Kashmir
Decided on: Jan-29-2014
1. These two writ petitions relating to two different causes, filed by the petitioner, have been clubbed and heard together. Though SWP no. 2729/2012 is the first in point of time, yet I deem it appropriate to first deal with SWP no. 529/2013, as the reliefs sought in SWP no. 2729/2012 are umbilically connected to those prayed for in SWP no. 529/2013. SWP no. 529/2013: 2. The case of the petitioner shrouded in, somewhat, complex pleadings made in the writ petition, is this: The petitioner is a Member of Central Armed Police (Gazetted) Service. Being DIG, he was an aspirant for promotion to the rank of Inspector General of Central Reserve Police Force (IG CRPF). The Departmental Promotion Committee met on 19.03.2012 and empanelled him for such promotion. The Competent Authority (Appointment Committee of the Cabinet) vide order dated 08.05.2012 approved promotion of the petitioner to the rank of IG, CRPF. Even after having been approved for promotion to the rank of IG, CRPF, and being me...
Umar Ali and Another Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Jan-29-2014
1. The case of the petitioner is this: That he has passed M. Com. and, being unemployed, is interested in seeking employment outside the country. Petitioner no. 2 is his wife. She is M. Sc. Bio-Chemistry. They had applied for issuance of Passport under File No. SG1060376947112 dated 03.07.2012 and File No. SG1060714294212 dated 14.12.2012. Respondent no. 3 put on hold the process of issue of the Passports as respondent no. 2 had not recommended the same. The petitioners filed writ petition, OWP no. 1087/2013 which was disposed of by order dated 27.09.2013 by directing respondent no. 2 to ensure that material / detailed report sought for by respondent no. 3 is made available to the said authority who shall thereafter consider and take a decision on the claim of the petitioners for grant or otherwise of the Passport in accordance with law. Consequent upon the above Court direction, respondent no. 3 re-sent the case of the petitioners to the CID for detailed report. After the report was r...
Baldev Raj Vs. Jandk Special Tribunal and Others
Court: Jammu and Kashmir
Decided on: Jan-27-2014
Massodi, J 1. Subject matter of the dispute is a plot of land measuring 40 kanals and 19 marlas comprising Survey Nos. 16 and 17 situated at Village Top Sherkhania, Jammu (hereinafter called land in dispute). Chronologically, the litigation over the land in dispute may be divided into two phases. In the first phase, the reversionaries of original owner of the land, Shri Jodh Singh, fought a long drawn legal battle with Shri Ghasitu Ram - the tenant inducted by alienee of limited owner, namely, Smt. Dadwal widow of Jodh Singh. The litigation started in 1936 A.D and came to an end on 05.11.1986. The controversy died down once the reversionaries lost the battle, not for the reason that this Court did not find merit in their claim, but because of enactment of JandK Agrarian Reforms Act, 1976. The appellant herein grandson of the tenant inducted by alienee of the limited owner, fought a lone battle against the reversionaries. His brothers did not join him in this battle. They, however, surf...
Jaspreet Singh and Another Vs. State of Jandk
Court: Jammu and Kashmir
Decided on: Jan-10-2014
Petitioners Jaspreeet Singh and Amandeep Singh figure as accused in case titled State vs. Jaspreet Singh and anr. facing trial for charge under Sections 302/341/34 of RPC before learned Sessions Judge Jammu. Their plea for enlargement on bail was turned down by learned Sessions Judge inspite of finding recorded to the effect that both of them were below 18 years of age when the offence is alleged to have been committed. Unfazed by declining of bail at the hands of learned Sessions Judge, the petitioners have approached this Court through the medium of instant petition filed under Section 498 of Cr.P.C for grant of bail. It is averred in the petition that during the pendency of Challan, petitioners filed an application before learned Sessions Judge claiming bail on the ground that they were juveniles at the time of alleged occurrence which led to an inquiry in which it was proved that the petitioners were below 18 years of age at the time of alleged occurrence. However, learned Sessions...
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