J&K&L High Court Weekly Roundup: November 7 To November 13, 2022

• Kendriya Vidyalaya Sangathan & Ors Vs Central Information Commission 2022 LiveLaw (JKL) 207

• Sajad Ahmad Bhat Vs UT of J&K 2022 LiveLaw (JKL) 208

• Divisional Manager JKSFC Bhaderwah Vs Mohammad Sharief 2022 LiveLaw (JKL) 209

• Mehboob Ul Hussain Vs Jhasra Parvaiz 2022 LiveLaw (JKL) 210

Judgements /Orders

• Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court

Case Title : Kendriya Vidyalaya Sangathan & Ors Vs Central Information Commission

Citation : 2022 LiveLaw (JKL) 207

The Jammu and Kashmir and Ladakh High Court on Saturday reiterated that the "performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information."

Normally those aspects are governed by the service rules which fall under the expression "personal information", the disclosure of which has no relationship to any public activity or public interest," the court said, adding, "On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual."

• [Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court

Case Title : Sajad Ahmad Bhat Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 208

The Jammu and Kashmir and Ladakh High Court ruled that in absence of the material supporting the allegations or specifying details of such incident, it cannot be held that some activities are prejudicial to the maintenance of peace, public order and tranquility and that too when there is not any whisper in the record substantiating these vague allegations.

Explaining the effect of not specifying the details in the impugned order the bench observed that since no particular incident, event or details have been reflected in the grounds of detention which is the basis for passing the impugned order, accordingly, the detenue has been denied of effective representation as the detenue is not aware of the material which has been applied against him while passing the order impugned.

• Certificate Qua Payment Of Interest U/S 30(1)(aa) Workmen's Compensation Act Not Required If Employer Files Appeal Against Composite Award: J&K&L High Court

Case Title : Divisional Manager JKSFC Bhaderwah Vs Mohammad Sharief

Citation : 2022 LiveLaw (JKL) 209

The Jammu and Kashmir and Ladakh High Court ruled that an appeal by an employer against an award of compensation under Section 30(1)(a) of the Workmen's Compensation Act is barred, unless it is accompanied by a certificate issued by Commissioner to the effect that the appellant had deposited the amount payable under the order appealed against.

"The certificate with respect to the payment of compensation under Section 30(1)(a) of the Act would be suffice and no certificate relating to the payment of interest or penalty under Section 30 (1) (aa) of the Act, would be required," Court said.

• Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

Case Title : Mehboob Ul Hussain Vs Jhasra Parvaiz

Citation : 2022 LiveLaw (JKL) 210

The Jammu and Kashmir and Ladakh High Court observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409(2) of CrPC.

"Hearing in the appeal starts with the issuance of notice before the 2nd Additional Sessions Judge Srinagar, therefore, learned Principal Sessions Judge Srinagar was not having any power or jurisdiction to withdraw or recall the appeal assigned to the court of learned 2nd Additional Sessions Judge Srinagar, therefore, recalling of the order which has been made the basis for transfer of this case, in the considered opinion of this Court has been passed without jurisdiction by the learned Principal Sessions Judge Srinagar", the bench underscored.