Court : Jammu and Kashmir
Reported in : 2009CriLJ2142
ORDERMuzaffar Hussain Attar, J.1. By sheer instinctive compulsions, parents want their children not only to surpass their own achievements but also to soar to dazzling heights. Most children of our times sacrifice much time of their lives by not only working hard but literally burning the candle on both ends to emerge victorious in this highly competitive world. But unfortunately better valueism has lately got in some cases transformed into materialism. People have started living only for this world, which all of us know is temporary phenomenon. Some amongst us, however, in pursuit of abounding in wordly possessions have cast to winds the settled principles and norms of life.2. On the prosecution allegations, the case in hand throws-up one such glaring example. Here on the one hand is a child who seems to have sacrificed everything for attaining excellence in the field of academics, whereas on the other hand, a person, who is charged and entrusted for conducting examination in most fai...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ280
R.C. Gandhi, J.1. Petitioner seeks issuance of writ of Certiorari to quash Government Order No. 166-F of 2001 dated 11.07.2001 whereby his services have been terminated. He also seeks to quash the enquiry report No. CDI/53/95 (FD) dated 08.01.1999. He seeks further writ of Mandamus commanding the respondents to re-instate the petitioner as Accounts Officer with all consequential service benefits and treat the period of suspension and after the termination till date as on duty.2. Petitioner, while posted as Treasury Officer, Thathri has made drawls of his TA claims, Medical reimbursement and also allowed the drawals presented to him by Drawing and Disbursing Officer. It came to the notice of respondents that petitioner has misappropriated the amount while working as Treasury Officer. Preliminary enquiry was held and on the basis of that enquiry, communication dated 6.2.1995 was issued to the petitioner by the Director Accounts and Treasuries, Jammu, indicating there in that petitioner h...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1951J& K1
Shiam Krishna Dar, Member 1. This is an appeal against a judgmant & decree of the H. C. dated Sawan 4, 2006, in its appellate jurisdiction, by which it affirmed a judgment & decree, dated 9-9-1947, of the H. C. in its original jurisdiction, whereby the applt's. suit for declaration of wrongful dismissal from service & for consequential damages was dismissed.2. By an Order of Council, dated 14-8-1989, the applt. was dismissed from service on three sets of charges for drawing & passing false T. A, bills & carriage bills, two relating to himself & one relating to his camp clerk. At the time when this order of dismissal was made, the applt was a member of the Civil Service of Kashmir holding the post of the Game Warden, But at its inception in the year 1921, the applt.'s service began as a Lieutenant in the Army from where ib was transferred to the civil administration in the year 1932.3. This order of dismissal was preceded by an enquiry under the Kashmir Civil Service Rules (General) & w...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ306
ORDERO.P. Sharma, J. 1. The first two petitioners are husband and wife whereas the 3rd petitioner according to the petitioners is business partner of the 2nd petitioner. They have moved the petition for quashing FIR No. 43/ 96 registered in Police Station Vigilance, Jammu and Govt. order dated 7-8-97 according sanction to the prosecution under Section 5(2) of Prevention of Corruption Act read with Sections 109, 120-B and 200 RPC, and Sections 12 and 14 of J & K Public Servant Declaration of Assets Act, 1983 against the first petitioner.2. The grounds of challenge are (i) that the petitioners were not given any opportunity to explain that the total assets possessed by him are not disproportionate to the known sources of the income, (ii) that the FIR No. 43/96 does not disclose the commission of offence and (iii) that the sanction to the prosecution has been accorded without application of mind.3. Mr. Beigh, learned Senior Advocate appearing for the petitioners argued that the Investigat...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004CriLJ3198,2004(2)JKJ353
S.K. Gupta, J.1. By means of this petition, the petitioners seek to quash the impugned order dated 23.8.1999 passed by the learned Special Judge, Anti-Corruption, Jammu, charge sheets framed by him against the petitioners No.1 and 2 under Section 5(2) of Prevention of Corruption Act, 2006, read with Sections 201/109/120B of R.P.C and petitioner No. 3 Under Section 120B/109/201 of R.P.C, as well as criminal proceedings connected thereof in the said court in FIR No. 42 of 1996 of Police Station Vigilance Organisation, Jammu and also the sanction to prosecute petitioner No. 2, issued by respondent No. 1 under Government Order No. 72-GAD (Vig) of 1997 dated 17-07-1997, by issuance of writ of certiorari in exercise of jurisdiction under Articles 226/227 of the Constitution of India read with Sections 103/104 of the Constitution of Jammu & Kashmir.2. Facts of the case, taken from record, depicted in narration, are that petitioner No. 1 S.K. Puri, the then Managing Director, Housing Board, Ja...
Tag this Judgment!Court : Jammu and Kashmir
Mufti-Baha-Ud-Din, Ag. C.J.1. At the last general election to the Jammu and Kashmir Legislative Assembly held in July, 1977, the National Conference party was returned with a large majority. Those returned on the National Conference Ticket included S/Shri Malik Mohi-ud-Din. and Mian Bashir Ahmad. Thereafter, Shri Malik Mohi-ud-Din was elected as Speaker of the Assembly on 8-9-1977 and continued to discharge his duties as such till 11-10-1980 when he was removed from office following a 'No confidence motion' moved against him.2. On 30-6-1980, Shri Ghulam Mohi-ud-Din, Secretary of the National Conference Legislature party represented to the Speaker that Shri Mian Bashir Ahmad had voluntarily given up the membership of the National Conference party and joined the Cong-I and that thereby he had incurred disqualification under Section 24-G of the J. & K. Representation of the People Act, 1957 (shortly 'the Act') for being a member of the Legislative Assembly. He prayed that appropriate acti...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (2000)IILLJ1070J& K
ORDERN.A. Kakru, J.1. The petitioner holds the post of a Field Publicity Officer in the Jammu and Kashmir Khadi and Village Industries Board. He was placed under suspension vide order No. KVIB/291 of 1997 dated March 14, 1997 by the Secretary of the Board. Suspension order was followed by a charge-sheet vide No: KVIE/PF-112/94-96 dated April 7, 1997 and its contents depict that the petitioner's failure to arrange and supply the publicity material to the MLAs and others resulted in the suspension. The petitioner refutes the allegation and it is averred that material was arranged and supplied by him without waiting for the funds required at the relevant point of time. These contentions are pleaded to show that he was asked to arrange the material without providing funds to him and virtually seeks a finding in respect of correctness or otherwise of the factual assertions, but I refrain to and confine myself to the legal aspects only.2. The order of suspension is impugned inter alia on the...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ373
Y.P. Nargotra, J.1. This Letters Patent Appeal No.43/2000 filed by the State, is directed against the judgment dated 31.12.1998 passed by a learned Single Judge of this Court in SWP No.652/1983 whereby Govt. order No.8-GR of 1983 dated 24.8.1983,dismissing the respondent writ petitioner from service, has been set aside, giving liberty to the State-appellant for holding a fresh inquiry. The respondent, writ petition has also filed LPA No.40/1999,being aggrieved of the judgment of the learned Single Judge to the extent of giving liberty to the State for holding fresh enquiry.2. The respondent, writ petitioner, was a Patwari in the year 1976-77. A complaint against him for having obtained Rs.500/-as illegal gratification from one Mohd Husssain, was entertained and proceedings were initiated by the Anti-corruption Tribunal against him u/s 4 of the Jammu & Kashmir Government Servants Prevention of Corruption Act, 1975,(hereinafter called the Act of 1975). The Tribunal after enquiry conclude...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005CriLJ4256,2005(3)JKJ96
S.K. Gupta, J.1. Counter had not been filed in the case despite number of opportunities were granted for the same. However, on the submission made by Mr. B.S. Salathia, learned Additional Advocate General appearing for the respondent-State, objections already filed were treated as counter. The petition was taken up for final disposal with the consent of the' learned counsel appearing for the respective parties.2. The petitioner is aggrieved of his prosecution under section 5(2) of the J&K; Prevention of Corruption Act, 2006, read with sections 409, 419, 420, 467, 468, 471, 477A, 201, and 120B of the Ranbir Penal Code, in challan presented before Special Judge, Anti-Corruption, Jammu and seeks the quashing of FIR No. 34/97 Police Station, Vigilance Organisation, Jammu, registered against him; Government Order No. GAD-26 (Vig.) of 1998 dated 5-5-1998 by which sanction has been granted for his prosecution; and the challan proceedings in case titled State v. J.S. Modi, pending in the trial...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2004J& K6
Doabia, J. In the heavens aboveThe angels, whispering to one another,can find, amid their burningsterms of love,None so devotional as that 'mother.'said Poe Edgar Allan.1. The above words indicate the importance of being a mother. So far as importance of a child is concerned, this has been described by the great poet Milton as under :--'Child shows the man as morning shows the day.'2. If above is the importance of relationship between the mother and a child, then would it be apt to keep the mother and daughter in custody when the daughter is not at fault and if the daughter is to be set free, can she be deprived of her mother's company This is the sum and substance of this public interest litigation.3. The facts be noticed.A married lady (S), resident of Pak Occupied Kashmir had some differences with her husband's family. She left her matrimonial home and is said to have jumped into river Jhelum. She, however, swept to the Indian side of the river and was picked up by the Indian Forces...
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