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 : 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 : (1969)IILLJ78J& K
J.N. Wazir, C.J.1. This is a writ petition filed by M.S. Farooqi of the Indian Police Service at present Superintendent of Police, Commandant, 2nd Battalion, J.K.A.P., against respondents 1 to 3 praying that the said respondents be restrained from proceeding against the petitioner under the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962, and respondent 4 be restrained from passing any order of suspension of the petitioner or imposing any other penalty on the recommendation of respondents 1 to 3. The petitioner alleged that he is an employee of the Police Department and belongs to the All India Service known as the Indian Police Service and is subject to the provisions of the All India Services Act, 1951, and the rules made thereunder. He admits that the rules made under the All India Services Act, 1951, apply to the State and are applicable in their entirety to the petitioner. Under these rule a complete and comprehensive procedure is laid down f...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1968CriLJ1074
J.N. Wazir, C.J.1. This is a writ petition under Section 103 of the Jammu and Kashmir Constitution and Article 32(2-a) of Constitution of India filed by Dr. Ghulam Mohi-ud-Din Director Animal Husbandry, Jammu and Kashmir State praying that the order of the Anti Corruption Commission dated 5th October, 1966 framing the articles of charges against the petitioner be quashed. It is further averred that the provisions of the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act, 1962 being more drastic than the Public Servants (Enquiries) Act, 1977, the Jammu and Kashmir Civil Services (Disciplinary Proceedings Tribunal) Rules, 1958 and the Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956, the enquiry against the petitioner is discriminatory and violative of Article 14 of the Constitution of India and thus liable to be quashed. The petition came up before a Single Judge of this Court and was referred to Division Bench on 7th March, 1967. There...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (1967)ILLJ365J& K
J.N. Bhat, J.1. This is a writ petition filed by Sheikh Ghulam Rasul against the State of Jammu and Kashmir and the Chairman and the Members of the Anti-Corruption Commission (hereinafter to be referred to as the Commission), for the issue of a writ of certiorari quashing the order of the Commission dated 9 July 1964 and further restrain-in? the Commission from proceeding against the petitioner under Section 3(d) of the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission Act) (hereinafter to be referred to as the Act).2. The petitioner's case is that he was working as a Conservator of Forests in the State of Jamma and Kashmir till 8 March 1958 when he was retired. He was re-employed afterwards and finally ceased to be in Government service from 30 June 1962. After re-employment the petitioner held the office of the Custodian of Evacuee Property, Jammu, and discharged the functions of a Provincial Rehabilitation Officer. On a complaint against one S. Prahlad Sing...
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(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, CJ. 1. By consent the writ petition was posted before the Division Bench and is heard. 2. The petitioner has filed this writ petition praying to quash the order of suspension dated 02.06.2014 and for direction to continue in service as Senior Assistant in the office of respondent no.4 or in the alternative all other persons who were working on the posts of Executive Engineer, Assistant Executive Engineer and Junior Engineer etc. be also placed under suspension and everyone be treated alike before law in terms of Article 14, 16 and 21 of the Constitution of India. 3. Insofar as the alternate prayer made by the writ petitioner is concerned, Mr. Jehangir Iqbal Ganai, the learned Advocate General, has submitted that after investigation of the case registered in FIR 91 of 2014 under Sections 5(2) of the Prevention of Corruption Act read with Sections 409/467/468, 120-B RPC on the file of Police Station Handwara, the Executiv...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (1968)IILLJ780J& K
J.N. Wazir, C.J.1. This is an application under Section 103 of the Constitution of Jammu and Kashmir for a writ of certiorari to quash the show-cause notice issued by the Government dated 16 August 1966 proposing to inflict punishment of removal from service from the date the petitioner was placed under suspension and all proceedings initiated by respondent 2 by framing charges on24 February 1966 against the petitioner and for a writ of mandamus directing respondent 1 not to put into effect the recommendation of respondent 2 and to reinstate the petitioner on the pest he held at the time of the suspension by withdrawing the recommendation regarding suspension. 2. The petitioner joined Kashmir Civil service (Judicial) in the year 1945 and continued in that service up to February 1964 when he was temporarily deputed and appointed Deputy Commissioner. District Magistrate and Custodian, Jammu, and he took ever charge of that office on 17 February 1964 and Continued to function as such up t...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 727 OF 201.AND OWP No. 804 OF 201.AND OWP No. 242 OF 201.1. Mohinder Singh and anr 2. Dr. Manohar lal Sharma 3. Peerzada Mohd. Sayeed 4. Satvir Gupta 5. Suman Lata Bhagat 6. Vikas Behal 7. Rattan Lal Tickoo 8. Sheikh Rafiq Ahmed Petitioners 1.State Th. Accountability Commission and ors 2.State Th. Accountability Commission and ors 3.State Th. Accountability Commission and ors 4.J&K Accountability Commission and ors. 5.State Th. Accountability Commission and ors 6.State Th. Accountability Commission and ors 7.State Th. Accountability Commission and ors 8.State of J&K and anr Respondent !Mr.S.K.Shukla, Advocate Mr. B.S. Salathia, Sr. Advocate with Mr. Ashish Sharma, Advocate Mr. D.C. Raina, Sr. Advocate with Mr. Anil Verma, Advocate Mr. U.K. Jalali, Sr. Advocate with Ms. Neha Bakshi, Advocate Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate Mr. Abhinav Sharma, Advocate Mr. Virender Bhat, Advocate Mr. Ajay Sharma, Advocat...
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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...
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