J&K&L High Court Sets Aside CAT Order Granting Sanction For Foreign Job; Says Taking Overseas Assignment Without Prior Permission Is Misconduct

Holding that Schedule XIX of the CSR and Rule 14(b) of the Leave Rules read in conjunction with Rule 10 of the Conduct Rules leave “no iota of doubt” that a Government servant who takes up foreign assignment without prior permission commits misconduct inviting disciplinary action, the High Court of Jammu & Kashmir and Ladakh has set aside a Central Administrative Tribunal order that...

Challenge To 1985 Wakf Property Notification Fails After 33 Years: J&K&L High Court Says Only Aggrieved Persons Can Maintain Writ

Reaffirming the limits of writ jurisdiction and the doctrine of delay and laches, the High Court of Jammu & Kashmir and Ladakh has dismissed a petition challenging SRO 320 dated 31.08.1985, a Government notification that published a list of Wakf properties in parts of Tehsil Poonch.The Court held that only a person suffering a legally enforceable injury can invoke Article 226, and...

'State Cannot Forfeit Money For Its Own Lapses': J&K&L High Court Pulls Up JDA For Auctioning Encroached Land, Imposes ₹50K Cost

Observing that contractual forfeiture clauses cannot be pressed into service mechanically to penalise a citizen for lapses attributable to the State, the High Court of Jammu & Kashmir and Ladakh has held that where the alleged default itself flows from the failure of the authority, forfeiture of earnest money and denial of allotment would be wholly arbitrary and unsustainable...

Once Pension Is Credited To Bank Account, It Loses Statutory Protection & Can Be Recovered For Guarantor's Liability: J&K&L High Court

Explaining that the statutory protection over pensionary benefits does not extend beyond the stage of actual payment, the High Court of Jammu & Kashmir and Ladakh has held that once pensionary benefits are credited to a pensioner's bank account, they lose the protection under Section 11 of the Pensions Act, 1871 and can be subjected to recovery towards enforceable contractual...

Need To Record Reasons While Granting Bail In Heinous Crimes, Mechanical Bail Orders Impermissible: J&K&L High Court

Emphasising that bail orders in serious criminal cases cannot be passed in a cursory or mechanical manner, the High Court of Jammu & Kashmir and Ladakh has held that courts are duty-bound to indicate reasons reflecting a prima facie satisfaction while granting bail, particularly where the accused is charged with grave offences punishable with death or life imprisonment.Justice Rajnesh...

State Can't Arbitrarily Scrap Near-Complete Recruitment, Constitutional Courts Can Intervene If Decision Lacks Rationality: J&K&L High Court

Emphasising that the State's power to abandon a recruitment process is not absolute, the High Court of Jammu & Kashmir and Ladakh has held that once a selection process reaches an advanced stage, its cancellation must rest on justifiable and rational grounds.The Court underscored that Constitutional Courts, in exercise of judicial review, are empowered to scrutinize such decisions and...

J&K&L High Court Orders NHAI To Initiate Acquisition Or Restore Land Illegally Occupied Since 1957 Without Compensation

The High Court of Jammu & Kashmir and Ladakh has held that the State and its instrumentalities cannot continue to occupy private land for decades without initiating acquisition proceedings or paying compensation, reiterating that deprivation of property without authority of law violates the constitutional and human right to property protected under Article 300-A of the Constitution.Justice...

Re-Testing Of NDPS Samples Cannot Be Allowed Routinely, Haphazardly Importing Rights From Other Statutes Impermissible: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that Re-testing may be an important right of an accused, but its mechanical and haphazard import from other legislations without the accompanying statutory restrictions is impermissible.The court underscored that under the NDPS Act, re-testing cannot be permitted as a matter of routine and is strictly barred in the absence of compelling...

J&K&L High Court Issues Notice On PIL Alleging Non-Implementation Of Public Service Guarantee Act, Seeks Response From UT Govt

The Jammu & Kashmir and Ladakh High Court issued notice in a Public Interest Litigation seeking effective implementation of the Jammu & Kashmir Public Service Guarantee Act, 2011 (PSGA) and the Rules framed thereunder.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal was hearing the PIL filed by Sheikh Ghulam Rasool, a doctor, environmentalist and...

From Air Force To J&K Administrative Services: High Court Grants Relief To Airman Who Breached Rules To Pursue Civil Service Career

The High Court of Jammu & Kashmir and Ladakh has granted relief to an airman who joined the Jammu & Kashmir Administrative Service without prior discharge from the Air Force, holding that strict enforcement of service rules must yield to equitable considerations in exceptional circumstances.The Court was hearing a writ petition challenging the rejection of the petitioner's request...

Insurer Cannot Demand Proof Of Source Of Income Beyond ITR In Accident Claim: J&K&L High Court

The Jammu & Kashmir High Court held that once the income of a deceased victim is duly proved through Income Tax Returns (ITR), the Insurance Company cannot insist on separate proof of the source of such income in motor accident compensation proceedings.A bench of Justice Sanjeev Kumar Shukla, Justice Sanjay Parihar observed that neither the Motor Accident Claims Tribunal (MACT) nor...

J&K&L High Court Grants Bail To Woman Under UAPA, Says Mere Custody Of Husband's Cash Without Knowledge Or Intent Can't Imply Terror Link

The Jammu & Kashmir and Ladakh High Court granted bail to a woman accused under the Unlawful Activities (Prevention) Act (UAPA), holding that mere custody of cash at the instance of her husband, without material showing intention or knowledge to further terrorist activities, is insufficient to attract offences under Sections 38 and 40 of the Act.A Division Bench comprising Justice...