Jammu and Kashmir Court March 2014 Judgments
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Urja Bhutyal and Others Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Mar-28-2014
1. The matter pertains to transfer of the petitioners. As per the transfer order passed by the Chief Education Officer, Kishtwar, who himself was under transfer. Petitioner No.1 Urja Bhutyal, Teacher HSS Palmar Zone Nagseni was transferred and adjusted in GMS Sarkoot Zone Kishtwar against the vacancy caused by Mtr. Fehmida Iqbal. Likewise, transfer of Farida Banoo, Tasleema Begum, Sheetal Sharma, Shamima Akhtar were ordered. The aforesaid orders were issued on different dates of May, 2013. However, the Additional Secretary to Govt., School Education Department passed an order cancelling the transfer of the petitioners from one school to another ordered by the Chief Education Officer, Kishtwar, who himself was under transfer. The impugned order dated 26.06.2013 passed by the Additional Secretary to Govt., Education Department is set out below in extenso, which reads thus:- No: Edu/II/262/2013 Dated: 20.06.2013 Subject:- Cancellation of transfer orders issued by the then Chief Education ...
Suraj Singh Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Mar-27-2014
M.M. Kumar, CJ 1. The instant petition filed in public interest brings to the fore the issue of sexual exploitation of mentally challenged girls at Rotary Inner Wheels, Channi Rama, Jammu, which resulted in registration of FIR No.183/2013 at Police Station, Bahu Fort, Jammu under Sections 176-C and 109 RPC. 2. In order dated 24.09.2013 this Court issued notice to the Chief Secretary, Commissioner/Secretary to Govt., Social Welfare Department, Inspector General of Police, Director, Social Welfare Department, Jammu, Deputy Commissioner, Jammu, Senior Superintendent of Police, Jammu and Management Committee of Rotary Inner Wheels, Channi Rama, Jammu through its president. Except for the last respondent, notice was accepted by the learned Senior Additional Advocate General. 3. During the proceedings, Deputy Commissioner, Jammu filed various status reports along with Superintendent of Police City South, Jammu. In one of the affidavits filed by the Deputy Commissioner, Jammu it was specifica...
Vasu Nischal and Others Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Mar-26-2014
1. Jammu and Kashmir Services Selection Board respondent no.3, issued Advertisement Notice Nos.03 of 2004 dated 14.09.2004, No.02 of 2005 dated 30.03.2005, No.10 of 2005 dated 29.12.2005 and No.04 of 2006 dated 29.12.2006, inviting, applications, amongst others, for the posts of Junior Scale Stenographer in the pay scale of Rs.5000-8000 (pre-revised) for District/ Division/State Cadre for various Departments. The posts of Steno a Typists as well in the grade of Rs.4000-6000 were also advertised. Petitioners responded to said advertisement notices for the posts of Junior Scale Stenographers as also Steno Typist either for Jammu Division or State Cadre. 2. All candidates, who applied to aforementioned advertisement notices, were put to common test and result of that was published in daily newspapers on 13th December 2007. In order to scrutinize certificates appended by candidates with their application forms for posts of Junior Scale Stenographer and Steno Typist, the candidates belongin...
Union of India and Another Vs. O.P. Kotwal and Others
Court: Jammu and Kashmir
Decided on: Mar-25-2014
1. Union of India and its functionaries have filed the instant appeal under clause 12 of the Letters Patent challenging judgment and order dated 09.07.2013 rendered by the learned writ Court whereby it has allowed the writ petition filed by the writ petitioner-respondent by issuing direction to the appellants which reads as under: œ The petitioner shall make a representation to respondent No. 4 giving all relevant details therein together with the extent of his land comprised in each of the Khasra numbers and the number of non fruit bearing trees standing thereon. Respondent No. 4 shall conduct on the spot physical verification of the claims as may be put forth by the petitioner in his representation, either personally or through his subordinate agencies, in collaboration with the concerned Forest Ranger and the Defence Estates Officer. Respondents 1 and 2 shall make it convenient for respondent No.4 to have such physical verification conducted. In the event any of the claims of ...
Joginder Pal Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Mar-24-2014
Bansi Lal Bhat, J. 1. This appeal is directed against the judgment of conviction dated 05.01.2012 and order of sentence dated 06.01.2012 formulated by learned Sessions Judge, Rajouri in Sessions Case File No. 25-A/Session titled State Vs. Joginder Pal by virtue whereof the appellant (hereinafter to be referred to as accused) has been convicted of offence under Section 302 RPC and sentenced to simple imprisonment for life and a fine of Rs.5000/-, in default to undergo further imprisonment for one month. Aggrieved of his conviction and sentence, the accused has preferred the instant appeal. Reference has also been made by the learned Sessions Judge for confirmation of life sentence slapped on the accused. Appeal and the Confirmation Reference were heard together. 2. Prosecution version is as follows:- (i) On 15.04.2008, at around 8.15 AM, PW-Lok Nath made a telephone call to Police Station Sunderbani laying information that one Bishamber Nath S/o Mohan Lal R/o Kalideh (hereinafter to be ...
Union of India Vs. Prem Singh and Others
Court: Jammu and Kashmir
Decided on: Mar-24-2014
M.M. Kumar, CJ 1. The Union of India has preferred this appeal against judgment and order dated 17.11.2000 rendered by the learned Single Judge of this Court while allowing writ petition No.183 of 2000. The Writ Court has accepted the prayer made by the writ petitioner-respondents for quashing orders dated 02.04.1998, 06.10.1999 and 13.01.2000 seeking to effect recovery from the writ petitioner-respondents in respect of Night Duty Allowance paid to them. 2. Brief facts of the case are that the writ petitioner respondents filed OA No.775/JK/1995 before the Central Administrative Tribunal, Chandigarh Bench (Circuit Bench at Jammu) (for brevity the Tribunal). The prayer made by them was to release the night duty allowance from May 1992 onwards along with overtime allowance. The aforesaid prayer made by the writ petitioner-respondents was allowed as is patent from perusal of paras 6 and 7 of the order passed by the Tribunal, which are set out below in extenso:- œ6. We have examined t...
Mohd. Baksh Vs. State and Others
Court: Jammu and Kashmir
Decided on: Mar-24-2014
Bansi Lal Bhat, J. 1. This appeal is directed against judgment of conviction dated 27.1.2010 and order of sentence dated 28.1.2010 recorded and passed by learned Sessions Judge, Ramban by virtue whereof the Appellant (hereinafter referred to as the accused) has been held guilty of offence u/s 302 RPC and sentenced to rigorous imprisonment for life and fine of Rs.10, 000/-; in default of payment of fine to suffer imprisonment for one year. Reference has also been made by learned Sessions Judge for confirmation of sentence. The Appeal and the Confirmation Reference were heard together. 2. Prosecution case, in brief, is that on 21.9.2005, the informant Farid Ahmed S/O Mohd. Hussain R/O Budhan Tehsil Mahore appeared before Abdul Majid- ASI of Police Station Gool, who was camping at Budhan, and gave verbal information that on 20.9.2005 at 11 AM, while he was proceeding from his Gharat (water-mill) to his home, he noticed the accused quarreling with Mst Rakhela Akhter W/O Mohd Mansha, beatin...
Jammu Development Authority Vs. Mirdula Sharma
Court: Jammu and Kashmir
Decided on: Mar-24-2014
M.M. Kumar, CJ 1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 04.05.2012 rendered by the learned Single Judge of this Court accepting the prayer made by the petitioner-respondent, holding that she was entitled to allotment of a plot on the basis of her successful selection disclosed to her vide communication No.JDA/RN/30`x60`/407 dated 18.10.2002. The view of the learned Single Judge is based on the admission made by the appellant-Jammu Development Authority, which is discernible from the following paras of the judgment:- œThe Jammu Development Authority does not dispute the petitioners entitlement to the plot and all that it says is that the Authority, after having discovered some irregularities committed by the then Vice Chairman of the Jammu Development Authority in making allotments was busy in scrutinizing and it was for this reason that follow up action for allotment of the plot to the petitioner could not be taken u...
State of Jandk and Others Vs. Abdul Hamid Khan and Others
Court: Jammu and Kashmir
Decided on: Mar-17-2014
1. The State of Jammu and Kashmir and its functionaries have filed an application with a prayer for condoning the delay of two years and 166 days in filing the accompanying Letters Patent Appeal. It is appropriate to mention that learned writ Court delivered a judgement dated 18.03.2011 in SWP No. 4178/1997 (Abdul Hamid Khan and others v. State of JandK and others). After the judgement, the Service Selection Board (for brevity Board) issued an order dated 18.06.2011, expressing its inability to make the recommendations for appointment in favour of the writ petitioners on the ground that the writ Court did not quash the selection of any candidate which might have resulted in occurrence of vacancy(ies) under Open Merit category, so as to recommend the names of the writ petitioners. It is further stated by the Board that no post under the Open Merit category had remained unfilled. Moreover, after the year 1997, the Board has made selections in various districts including Anantnag District...
Sajad HussaIn Mir Vs. State and Others
Court: Jammu and Kashmir
Decided on: Mar-17-2014
1. By the medium of this petition, the petitioner is seeking to quash Notification, bearing No.DIPK-8879 published in Daily Greater Kashmir in its issue dated 21.10.2013 with a direction to the official respondents to select him against the post of Language Teacher (Language subject) for Middle School Woolina, Ichigam, on the grounds taken in the writ petition 2. The facts, as averred in the writ petition, are that in pursuance of Notification No DIPK-6707 published in Srinagar Times in its issue dated 31.08.2013 applications were invited from the eligible candidates belonging to habitation Woolina and Revenue Village Babapora for filling up three posts of Rehbar-e-Taleem Teachers, i.e., Science/Math Teacher, Social Science Teacher and Language Teacher in Middle School Woolina and Middle School Babapora. Petitioner and respondents 5 and 6 applied for selection against two posts of Social Science Teacher and Language Teacher. The official respondents vide the impugned notification selec...
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