A. Civil Services Regulations (J&K)—Schedule XIX & Rule 14(b) of Leave Rules—Foreign Assignment—Government employee must obtain prior permission before engaging in foreign employment; applying for or attending an interview without formal permission constitutes misconduct. B. Conduct Rules (J&K), 1971—Rule 10(1)—Prohibits engagement in any other employment without prior sanction; mandatory language makes violation liable for disciplinary action. C. Administrative Law—Judicial Review—Tribunal’s Role—Tribunal cannot substitute its judgment for employer’s administrative or policy decision; interference is limited to cases of illegality, arbitrariness, mala fide conduct, or violation of statutory rules or principles of natural justice. D. Administrative Law—...

A. Compassionate Appointment—Exception to General Rule—Not a Matter of Right—Appointments under SRO 43 are exceptions to general public service appointments based on merit and equality under Articles 14 and 16 of the Constitution—They aim to assist families facing financial hardship due to the death of a government employee and cannot be claimed as a guaranteed right or a route to a higher post. (Paras 9, 10, 12, 14) B. Eligibility and Norms—Compassionate appointments must adhere to State policy and eligibility criteria—Norms prevailing at the time of application consideration are applicable. (Para 9) C. Discretionary Power for Higher Posts—Under Rule 3(2) of SRO 43 of 1994, the Government may, at its discretion, appoint a family member to a higher non-gazetted post if eligible and qualified...

Government Liability—Hiring of Hotel Premises for Protected Persons—Accommodation and Catering Charges—Where hotel premises are requisitioned or hired by Government authorities for accommodating protected political persons, and security arrangements restrict independent commercial use of the premises, the Government is legally bound to honour claims for accommodation and catering charges incurred in such engagement (A, E)—The State cannot subsequently dispute the necessity of accommodation once the premises were placed under official control. Civil Procedure Code, 1908—Order VIII Rules 3 & 5—Admission by Non-Denial—Failure to specifically deny material averments in pleadings amounts to deemed admission, strengthening the claimant’s case (B). Natural Justice and Administrative Fairn...

Constitution of India, 1950—Article 226—Armed Forces / Disability Pension / Medical Board Opinion / Causal Connection / Aggravation of Disease—A writ petition under Article 226 challenging the allowance of OA by the Armed Forces Tribunal (AFT) for grant of disability pension was dismissed—The respondent, discharged in low medical category, had disabilities: Primary Hypertension and Impaired Fasting Glucose—The Release Medical Board assessed hypertension as neither attributable nor aggravated by service and glucose as aggravated—The AFT held that perfunctory one-line opinions without cogent medical reasoning are insufficient to deny pension—Under 2008 Entitlement Rules and Guide to Medical Officers (Military Pension), 2008, pension entitlement is not charitable but compensatory; courts give liberal...

Motor Vehicles Act, 1988—Compensation / Death of Army Personnel / Future Prospects / Multiplier / Loss of Consortium A. Motor Accident Claims—Tribunal’s award—Three claim petitions arising out of deaths of Indian Army personnel in vehicle accident on NH-1A; deceaseds were on official duty; accident occurred when vehicle lost control and rolled down into gorge. (Paras 1–5, 15–16, 20) B. Rash and Negligent Driving—Tribunal held driver of army vehicle responsible; accident not an act of God; independent witness corroborated accident circumstances; contention of Union of India rejected. (Paras 19–21) C. Compensation Assessment—Loss of dependency, funeral expenses, loss of estate, and loss of consortium—Tribunal applied multipliers and deductions; appellate Court enhanced com...

A. Preventive Detention—J&K Public Safety Act—Subjective Satisfaction—Non-Application of Mind: Detention order quashed where grounds of detention were a verbatim reproduction of the police dossier submitted by the sponsoring authority—Such total overlap demonstrates absence of independent application of mind by the Detaining Authority, which is legally required to arrive at its own subjective satisfaction. (Paras 6, 7) B. Preventive Detention—Liberty of Subject—Mechanical Exercise of Power: Liberty of a citizen being a serious constitutional matter, detention orders passed in a casual, routine and mechanical manner cannot be sustained—Verbatim copying of dossier constitutes clear proof of non-application of mind. (Paras 6, 7) C. Intra-Court Appeal—Habeas Corpus—Scope of Inter...

Land Acquisition—Payment of Compensation—Article 300-A, Constitution of India: Petitioners entitled to payment of awarded compensation (Rs. 8,97,000/-) with interest for land acquired for national highway widening under State Land Acquisition Act—Non-payment due to departmental default (PW(R&B) and GREF/BRO) cannot defeat petitioners’ rights—Denial of compensation constitutes violation of fundamental right to property under Article 300-A—Writ of mandamus issued directing immediate disbursement of due compensation by the Collector, irrespective of inter-departmental disputes. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 37, 27A, 21, 22, 29—Bail—Successive Bail—Commercial Quantity—Financing Illicit Traffic—Scope of Judicial Discretion—Admissibility of Section 67 Statements—Parity—Held: The rigors of Section 37 NDPS Act apply strictly in cases involving commercial quantity and allegations under Section 27A; however, denial of bail requires the Court to form a prima facie belief, based on reasonable grounds, that the accused is guilty—such belief must be stronger than mere suspicion but need not reach the threshold of proof—Courts must assess the nature and quality of evidence, broader probabilities, and the character of accusations while balancing individual liberty against societal interest—Statements under Section 67 NDPS ...

SARFAESI Act, 2002—Sections 13(2), 14, 31—Successive Writ Petitions—Abuse of Process—Agricultural Land Exemption—Re-litigation—Non-compliance with Cost Orders—Held: Repeated challenges to SARFAESI measures on grounds already adjudicated—such as alleging the secured asset is agricultural land exempt under Section 31 or asserting mistaken identity of the sealed premises—constitute abuse of the process of law—The subject property, comprising a residential house and business unit, had already been judicially determined as amenable to SARFAESI proceedings; dismissal of earlier writ and review petitions attained finality—Despite this, the petitioner filed successive petitions on identical or fabricated grounds, reflecting mala fides and an attempt to obstruct lawful recovery&mdas...

A. Administrative Law—Licensing of Rice Husking Machines—Competent Authority—Interplay of Permissions/NOCs and Statutory Licensing Requirements—Held: Possession of NOCs from the Agriculture Department and Pollution Control Board does not entitle the petitioner to operate a movable tractor-mounted rice husking machine without a valid license from the competent authority—Under Government Orders governing rice husking mills (G.O. No. 30-FS/2003; 59-FS/2001; 31-FS/2002), the Deputy Commissioner is the designated licensing authority—The impugned circular dated 18-09-2020 directing seizure of illegal rice husking machines was issued to curb unlicensed operations and is traceable to departmental guidelines of the Food, Civil Supplies & Consumer Affairs Department. (Paras 12, 15–18, 23–24) B....