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Jammu and Kashmir Court February 2016 Judgments

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Feb 04 2016

Ishfaq Ahmad Chopan Vs. State and Others

Court: Jammu and Kashmir

Decided on: Feb-04-2016

Director Agriculture vide his communication dated 18th July, 2013 directed Chief Agriculture Officer, Bandipora to fill up five number of posts, comprising of two posts of Gardner and three posts of Night Chowkidar. The respondent No.4 issued advertisement notice dated 21st August, 2013. In the said advertisement notice, two posts of Gardner and Night Chowkidar were advertised in the Open Merit Category and one post of Night Chowkidar was advertised under RBA Category. The petitioner who belong to RBA category applied for the post of Night Chowkidar under RBA category and on the basis of his merit figured at Serial No.1 of the selection list. The selection list was published in the newspaper and was submitted to Director Agriculture for his approval. The Director Agriculture accorded approval to the selection of two candidates in respect of two posts of Gardner and two posts of Night Chowkidar. The respondent No.4 was directed to re-advertise one post of Night Chowkidar for which the p...


Feb 01 2016

Ajay Bharti and Others Vs. Jammu Rural Bank and Another

Court: Jammu and Kashmir

Decided on: Feb-01-2016

1. Petitioners when working as Managers in the respondent Bank in the year 2002 have filed this petition in the year 2002 seeking quashment of the communication Nos. PSF/JRB/2001-6398 dated 19.12.2001 addressed to the Sr. Manager B/O Baspur, PSF/JRB/2001-6398 dated 19.12.2001 addressed to the Sr. Manager B/O Kirpind and PSR/JRB/2000-5708 dated 08.11.2000 addressed to the Sr. Manager B/O Dayala Chak, pursuant to which recovery of the disbursed amount under the Head Special Area Allowance has been ordered. They have further prayed that the direction may be issued in the name of the respondents so as to command them to continue to pay the Special Area Allowance to the petitioners at their respective Branches. 2. For effectual adjudication it shall be advantageous to notice precisely the factual matrix of the case. 3. The Jammu Rural Bank(respondent) has been constituted under the Regional Rural Banks Act 1976. As a matter of policy in all the regions all over the country, the Rural Banks ...


Feb 01 2016

Suman Lata Bhagat Vs. State and Others

Court: Jammu and Kashmir

Decided on: Feb-01-2016

Muzaffar Hussain Attar, J. 01. The core and fundamental issue involved in these Appeals is whether the Accountability Commission (for short Commission) is possessed of the power of initiating suo moto proceedings under the Jammu and Kashmir Accountability Commission Act, 2002 (for short Act of 2002). 02. Since the issue involved in these Appeals is common, they are, accordingly, being disposed of by this common judgement, excepting the lead case (LPA 15/2013). 03. These Appeals have arisen out of the judgement of the learned writ Court dated 04th January, 2013, passed in a batch of writ petitions, whereunder the power of the Commission, to initiate suo moto proceedings under the Act of 2002, was called in question. 04. The learned writ Court, vide aforesaid judgement, held regulation 9 of Jammu and Kashmir Accountability Commission Regulations, 2005 (for short Regulations of 2005) to be ultra vires the Act of 2002 and, accordingly, struck down the same. The learned writ court, in conse...


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