Delay In Deciding Voluntary Retirement Request Can't Deprive Employee Of Pensionary Benefits: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that non-decision on Voluntary Retirement request cannot deprive an employee of pensionary benefits post-retirement. Background Facts The respondent was appointed as Agriculture Extension Officer in the Department of Agriculture on 31.12.1983. He applied for leave...

'Absurd & Malicious': J&K&L High Court Quashes Allegations Of Assault, Outraging Modesty By Woman Against 85-Yr-Old Father-In-Law

The Jammu & Kashmir and Ladakh High Court has quashed an FIR lodged by a daughter-in-law against her 85-year-old father-in-law and two brothers-in-law, holding that the allegations were “absurd, inherently improbable and actuated with malice” and that a civil property dispute had been given a “criminal texture” to wreak vengeance.A bench of Justice Rajesh Sekhri...

“No Unsafe Food Items To Enter J&K": High Court Orders Crackdown On Rotten Meat & Adulterated Products

The Jammu & Kashmir High Court directed the Inspector Generals of Police, Jammu and Kashmir Divisions, and the Commissioner, Food Safety and Controller, Drugs and Food Control Organization, UT of J&K, to ensure that “no unsafe food, in terms of the Food Safety and Standards Act, 2006, is funnelled into the Union Territory of Jammu & Kashmir.”A bench comprising Chief Justice...

Retirement Age Of Cooperative Society Employees Can Be Increased Only Through Statutory Amendment, Not Departmental Proposals: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that retirement age of employees of Cooperative Societies remains 58 years as per SRO 233 of 1988, and it can only be altered through formal amendment of statutory rules, not by departmental recommendations, proposals, or draft amendments. Background Facts...

Unauthorized Absence In Uniformed Force Beyond 60 Days Constitutes Desertion & Justifies Dismissal From Service: Jammu &Kashmir High Court

A Division bench of the Jammu &Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that a member of a disciplined force who fails to report for duty after expiry of leave and remains absent for a prolonged period without sufficient cause can be declared a “deserter,” and dismissal from service under Section 11(1) of the CRPF Act, 1949 read with Rule...

Advocate Entitled To Absolute Licence Of Practice If Application Was Filed Before Joining Govt Service: J&K&L High Court

The Jammu & Kashmir High Court has quashed the cancellation of a provisional licence of an advocate who was denied an absolute licence on the ground that he later joined government service as a Prosecuting Officer. A Division Bench of Justice Javed Iqbal Wani and Justice Moksha Khajuria Kazmi held that when an advocate has already applied for an absolute licence, the delay of the...

Engagement On Academic Arrangement Basis Is A Distinct Class, Not Eligible For Regularization Under J&K Civil Services Act: High Court

The Jammu & Kashmir High Court held that lecturers engaged on academic arrangement basis constitute a separate class distinct from those appointed on ad hoc, contractual or consolidated basis against clear vacancies, and are therefore not eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010.A Division Bench of Justice Sanjeev Kumar and Justice...

Disability Pension, PCDA(P) Can't Overrule Medical Board Findings: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the Principal Controller of Defence Accounts (PCDA) (Pension) has no jurisdiction to alter or reduce the disability percentage assessed by a duly constituted Medical Board, only a higher/review medical board can reassess it, and the benefit of rounding off of...

Suspension Period Spent In Gainful Private Practice To Be Treated As Leave; Employee Not Entitled To Salary : J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that suspension period during which the employee gainfully engaged in private practice should be treated as leave, and employee is not eligible for salary during such period. Background Facts The respondent was serving as a B-Grade Specialist in Surgery at...

Acquittal In Criminal Case Does Not Bar Departmental Action Under CRPF Rules On Different Charges : J&K HC

A Division bench of the J&K High Court comprising Chief Justice Arun Palli and Judge Rajnesh Oswal held that Rule 27(ccc) of the CRPF Rules, 1955 does not apply since the departmental inquiry was based on misuse of arms, distinct from the criminal charge of murder, and acquittal in a criminal case does not bar disciplinary action. It further clarified that appointment of a...

Statutory Rules Cannot Be Overridden By Recommendations: J&K&L High Court Denies Plea By Co-operative Employees For Enhanced Retirement Age

The High Court of Jammu & Kashmir and Ladakh has ruled that the retirement age of employees of Cooperative Societies remains 58 years under SRO 233 of 1988, and cannot be enhanced to 60 years merely on the strength of draft proposals or departmental recommendations.Dismissing two appeals filed by Cooperative employees, a Division Bench of Justices Sindhu Sharma and Shahzad Azeem held...

[DV Act] Limitation U/S 468 CrPC Does Not Apply To Seeking Protection Orders, Only To Penal Proceedings U/S 31: J&K&L High Court

The Jammu & Kashmir High Court held that the bar of limitation under Section 468 of the Code of Criminal Procedure (now Section 514 of BNSS, 2023) is not applicable to applications filed under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).These sections under the DV Act entitle the aggrieved women to claim reliefs such as protection orders,...