Jammu and Kashmir Court May 2014 Judgments
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Tramboo Joinery Mill Pvt. Ltd. Vs. Commissioner/Secretary to Govt. and ...
Court: Jammu and Kashmir
Decided on: May-09-2014
1. This order is in continuation of an earlier order passed in AA no. 7/2013. A copy of that order be added as part of this order. The petitioner had earlier filed AA no. 7/2013 which was decided on 27.07.2013. In those proceedings it was concluded on the basis of various judgments of Honble the Supreme Court, namely, Datar Switchgears Limited v. Tata Finance Ltd. and anr. (2000) 8 SCC 151, Punj Lloyd Ltd. v. Petronet MHB Ltd. (2006) 2 SCC 638, Union of India v. Bharat Battery Mfg. Co.(P) Ltd. (2007) 7 SCC 684, SBP and Co. v. Patel Engineering Ltd. and anr. (2005) 8 SCC 618, Denel (Proprietary) Limited v. Ministry of Defence, (2012) 2 SCC 759, Northern Railway Admn, Ministry of Railways v. Patel Engg. Co. Ltd (2008) 10 SCC 240 and Indian Oil Corporation Limited v. Raja Transport (P) Ltd. (2009) 8 SCC 520 that following two principles with regard to appointment of arbitrator by the Court have emerged, which are set out below:- (A) If one party demands the opposite party to appoint an ar...
Sheikh Muzaffar Ahmad and Others Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: May-09-2014
1. Director General of Police, JandK State respondent herein, on 9th March 2007, issued Advertisement Notice, inviting applications from eligible candidates for available vacancies of Constables (Operator) in JandK Police Telecommunication. The advertised posts were to carry pay scale of 2750-4400. The Advertisement Notice laid down eligibility and selection criteria to be followed while making selection. The Notice attracted huge response. In all 2788 candidates applied for advertised posts. Petitioners and private respondents in writ petitions on hand were amongst the candidates who responded to the notice. 2. Selection process, as laid down in Advertisement Notice, comprised of measurement of physical standards, outdoor tests, written test, and viva-voce or personality assessment. On completion of selection process, select list was notified vide PHQ No.2844-2609 dated 1st August 2009. Respondents instead of making selection at State or Divisional level, made selection at district le...
Muhammad Shafi Badoo Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: May-07-2014
M. M. Kumar, CJ; 1. This Appeal under Clause 12 of the Letters Patent has been preferred by the appellant challenging the order dated 09.04.2003 passed by the learned Writ Court, dismissing his writ petition. 2. The appellant suffers from the disease of Cerebral Palsy and has claimed benefits under the handicapped category for the post of Assistant Engineer (Electrical). He is an Engineering (Electrical) Graduate and applied for the post of Assistant Engineer (Electrical) in response to Advertisement Notice dated 07.12.1995, issued by the Public Service Commission (for brevity the Commission). As per the advertisement, 22 posts were advertised in total and 12 out of them belonged to the open merit category. The rest of the 10 posts were to be filled from the reserved categories. The appellant claimed his consideration in the category of handicapped persons and placed reliance on SRO 126 dated 28.6.1994. He appeared in the screening test conducted by the Commission for short listing the...
State of Jandk and Others Vs. Ghulam Nabi Dar
Court: Jammu and Kashmir
Decided on: May-07-2014
1. State of Jammu and Kashmir and its officers have filed the instant Appeal under Clause 12 of the Letters Patent challenging the judgment and order dated 24-09-2005 rendered by the learned Writ Court setting aside order No.520 of 1993 dated 15-09-1993 passed by Superintendent of Police, Kupwara. 2. By virtue of Order No.520 of 1993 dated 15-09-1993, the services of the petitioner-respondent were terminated by invoking the powers under Section 126(2)(b) of the Constitution of Jammu and Kashmir read with Article 311(2)(b) of the Constitution of India. The basic reason for quashing the order detailed in the impugned judgment is that in the order dated 15-09-1993, no satisfaction had been recorded by the disciplinary authority for holding that it was not reasonably practicable to hold an enquiry into the matter. According to learned Writ Court, if the enquiry was dispensed with on the ground of security of the State, then under Section 126(2)(c) of the Constitution of Jammu and Kashmir t...
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