Jammu And Kashmir And Ladakh High Court Weekly Round-Up: August 7 - August 13, 2023

Nominal Index:

Shahnawaz Ahmad Vs Union Of India 2023 LiveLaw (JKL) 209

Mudasir Nazir Vs University Of kashmir 2023 LiveLaw (JKL) 210

State Of J&K vs Narayan Dutt 2023 LiveLaw (JKL) 211

Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K 2023 LiveLaw (JKL) 212

Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors 2023 LiveLaw (JKL) 213

Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K 2023 LiveLaw (JKL) 214

Judgements/Orders:

CRPF | Mere Receipt Of Termination Order In Kashmir Doesn't Confer Jurisdiction To Hear Challenge Against Order Passed In Patna: J&K High Court

Case Title: Shahnawaz Ahmad Vs Union Of India

Citation: 2023 LiveLaw (JKL) 209

The Jammu and Kashmir and Ladakh High Court refused to hear challenge to an order passed by CRPF commandant in Patna terminating the services of a personnel, merely because the latter received such order in Kashmir.

A single bench of Justice Sanjay Dhar observed,

"In the instant case, the order whereby the petitioner has been declared as a ‘deserter’ has been passed by Commandant of 134 Bn. CRPF at Gulzarbagh Patna, Bihar. The impugned order of termination of services of the petitioner has been passed by the Commandant at Ranchi Jharkhand and the enquiry proceedings have also taken place at Ranchi Jharkhand. All these places are beyond the territorial jurisdiction of this Court."

[Section 104 CPC] Jammu & Kashmir High Court Says Power Of Appellate Court Circumscribed In Injunction Matters

Case Title: Mudasir Nazir Vs University Of kashmir

Citation: 2023 LiveLaw (JKL) 210

The Jammu and Kashmir and Ladakh High Court ruled that an appellate court should be hesitant to intervene and overturn the lower court's decision in injunction applications, solely on the notion that it might have reached a different conclusion if it had considered the matter initially.

It emphasised that if the trial court exercises its discretion reasonably and judiciously, the appellate court should not interfere with its authority and jurisdiction.

J&K Civil Service Regulations | Competent Authority Must Form Bonafide Opinion Based On Relevant Record For Compulsory Retirement: High Court

Case Title: State Of J&K vs Narayan Dutt

Citation: 2023 LiveLaw (JKL) 211

The Jammu and Kashmir and Ladakh High Court ruled that to enforce an order of 'compulsory retirement' upon a government servant, the competent authority must reach a bona fide opinion, based on relevant material, that such order is necessary in public interest.

“Merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired unless the competent authority comes to a conclusion after forming a bona fide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution”, a bench of Justices Tashi Rabstan and Mohan Lal observed.

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami

Case Title: Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K

Citation: 2023 LiveLaw (JKL) 212

The Jammu and Kashmir High Court upheld the preventive detention order issued against Ab. Hameed Ganie, allegedly former "Ameer" (leader) of banned organization Jamat-e-Islami. The detention order was passed by District Magistrate, Shopian on September 16, 2022, under the provisions of J&K Public Safety Act, 1978.

“Having glance of the grounds of detention, it is clear that right from the college life the detenue was involved in anti-national activities. His affiliation with banned organization Jamat-e-Islami and holding the different positions in the said organization with an aim and purpose to liberate the State of J&K from India and annex it with Pakistan. His inclination towards secessionist elements gave him a place in Jamat-e- Islami which is a banned organization, of which he was an active member”, Justice M A Chowdhary observed.

Employee Free To Challenge Conditions Of Appointment Order If They Are Not In Conformity With Law: Jammu & Kashmir High Court

Case Title: Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 213

The Jammu and Kashmir and Ladakh High Court upheld the right of an employee to challenge the conditions of his/her appointment order in case the same is not in conformity with law.

A single bench of Justice Wasim Sadiq Nargal observed,

"Once, the respondents have admitted their mistake of granting the lower pay scale to the petitioner in spite of the fact that the petitioner was entitled for the higher grade being diploma holder, then it was incumbent on the part of the respondents to have rectified their mistake by granting him the benefit of the said grade retrospectively from the date when the petitioner came to be appointed along with all consequential benefits."

LAHDC Elections: High Court Directs Ladakh Authorities To Allow J&K National Conference Candidates To Contest On Reserved Symbol 'Plough'

Case Title: Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 214

The Jammu and Kashmir High Court directed the Union Territory (UT) of Ladakh to let candidates of the J&K National Conference (JKNC) contest on their reserved election symbol 'Plough' in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.