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,...

Legal Heirs Of Company Director Cannot Maintain Suit Over Company's Property, Only Shareholders Or Directors Can: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has reiterated that a company, being a distinct legal entity, alone has the right to sue in respect of its property, and such action can only be initiated through its shareholders or directors, not by the legal heirs of its founder in their personal capacity.A bench of Justice Javed Iqbal Wani was dealing with a plea seeking rejection of a...

J&K&L High Court Issues Notice On PIL Alleging Sale Of Rotten, Unhygienic Meat In Kashmir; Negligence Of Civic Authorities

The High Court of Jammu & Kashmir and Ladakh on Tuesday issued notice on a public interest litigation (PIL) filed by Advocate Mir Umar, highlighting the unchecked sale of rotten, unhygienic and unsafe meat and poultry products in the Union Territory and alleging gross negligence of authorities in enforcing food safety and municipal laws.The PIL, titled against various departments,...

Dept Proceedings Against Retired Govt Employee Permissible To Determine Loss To Exchequer, Not To Impose Penalty: J&K&L High Court

The Jammu & Kashmir High Court clarified that the Government can continue departmental proceedings against a retired employee, but only for the limited purpose of assessing losses caused to the State exchequer due to negligence or fraudulent acts, and not for imposing penalties under service rules.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem set aside the order of...

J&K And Ladakh High Court Designates 25 Lawyers As Senior Advocates After Five-Year Gap

In a significant development, the Jammu & Kashmir and Ladakh High Court has designated 25 advocates as Senior Advocates, marking the first such exercise since December 3, 2020. The decision was taken unanimously in a Full Court meeting held on August 19, 2025.The exercise was undertaken in terms of the High Court of J&K and Ladakh (Designation of Senior Advocates) Rules, 2025 with...