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 the District Hospital, Anantnag. On 16.08.2006, he performed a gallbladder surgery on a female patient. Later...

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...

J&K&L High Court Warns Staff Of Disciplinary Action For Wearing Casual Attire To Work, Directs Use Of Prescribed Uniform

The High Court of Jammu & Kashmir and Ladakh has issued a circular directing all its employees, both Gazetted and Non-Gazetted, to strictly adhere to the prescribed uniform while attending office and performing official duties.The Registrar General (Officiating), M.K. Sharma, observed that several officers and staff members were attending office in casual dress, which was causing...

Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2025

Citation No: 2025 LiveLaw (JKL) 252 to 2025 LiveLaw (JKL) 291Nominal Index:Mohd Khalil Qazi Vs State of J&K 2025 LiveLaw (JKL) 252M/S Durga Enterprises Vs FCI & Ors 2025 LiveLaw (JKL) 253Maan Chand vs State 2025 LiveLaw (JKL) 254Parveen Begum vs UT of J&K 2025 LiveLaw (JKL) 255MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR 2025 LiveLaw (JKL) 256UT Of J&K & ORS VS...

[MSMED Act] MSE Procurement Mandates Do Not Apply To Composite SIT Contracts: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court clarified that the Public Procurement Policy's preference for Micro and Small Enterprises (MSEs) under Clauses 3 and 11 does not automatically extend to composite contracts such as SIT (Supply, Installation, and Testing) projects.A bench of Justice Wasim Sadiq Nargal dismissed a writ petition challenging tender conditions on the ground...

'Smacks Of Favouritism': J&K&L High Court Pulls Up State For Appointing 'Ineligible Person' As Director Of Family Welfare

The Jammu & Kashmir and Ladakh High Court has held that the Government cannot bypass eligible officers within the Health & Family Welfare (Gazetted) Service to give temporary charge of the post of Director, Family Welfare, MCH & Immunization to an officer belonging to an entirely different service, particularly when the service rules prescribe no such mode of appointment.A...