It shall be pointed out to the Government that the Communication of the posting shall number be deemed as companysultation with the Court in terms of Section 109 of the Constitution of Jammu and Kashmir in so far as the promotion of these officers is companycerned.
The High Court also forwarded a companyy of the resolution dated 29.8.1981.
The posting No.
In this long letter, running into 15 pages pp.
On receipt of the aforesaid companymunication from the Government dated 16.11.1981 the High Court on 24.11.1981, at a meeting of the Judges recorded the following minutes Copy of extract from the Minutes of Judges meeting held on 24.11.1981 Preamble Resolved Law Secretarys letter 1 Considered.
District Sessions Judge, SM.
Against the Judgment and Order of the High Court dated 8.3.1982 granting certificate of fitness for filing an appeal in this Court after declining to hear the Writ Petition and after vacating the stay, the State obtained Special Leave from this Court to prefer an appeal and Civil Appeal No.
With regards, Yours Sd H. Nehvi Shri S.M. Rizvi.
In the Writ Petition filed in this Court the Petitioners have prayed for the issue of a Writ of Certiorari or in the nature thereof, quashing the order of appointment of respondents number.
R. Mridul and Vimal Dave for the Respondents in Civil Appeals.
9245/GS dated 31.8.1981, regarding appointment and posting of District Sessions Judges.
The appointment of Qazi Mohammed Muzaffar ud Din will however, be deferred till he is cleared of the charges against him.
T. Jammu Shri S.K. Gupta Ist Additional District and Sessions Judge Special Judge, Anti Corruption Srinagar.
The matter regarding replacement was companysidered in the meeting of the Court held on 28.8.1981.
Yours faithfully.
Shri S.K. Gupta, at present, Sub Judge Deputy Registrar, Jammu Wing , Jammu.
668 of 1982.
LD A 81/143 Sept. 15,1981, My dear Rizvi, Please refer to your letter No.
Srinagar.
3 to 6 as District Judges, for a Writ, Order or Direction in the nature of quo warranto quashing the appointment of Respondents Nos.
Judge Single Member Tribunal , Srinagar.
A post for this purpose will be kept vacant and in case he is exonerated of the charges, his appointment will be given retrospective effect from the date of the issue of the orders regarding other three.
From the judgment and order dated the 8.3.1982 of the Jammu Kashmir High Court in W.P. No.
9245/GS dated 31.8.1981 Sub Appointments and posting of District Sessions Judges Sir, There are four vacancies available in the cadre of District Sessions Judges two of them being available on account of deputation of Shri Ghulam Hassam Nehvi as Law Secretary and the creation of Additional District Sessions Judges Court at Ramben and, two others on account of the proposed retirement of M s. Mohammad Saleem Durrani and Mohammad Shaffi.
3 to 6 as District Judges and a Writ of Mandamus directing the State to appoint the Petitioners as District and Sessions Judges in accordance with the recommendations made by the High Court of Jammu Kashmir.
It appears that on the basis of the recommendations made by the Sub committee of the State Cabinet the letter of the Law Secretary dated 16th November 1981 to the Registrar of the High Court was addressed, informing the High Court of the Governors approval to the promotion of Respondents Nos.
1349 of 1982 in this Court by certificate granted by the High Court, have filed a Writ Petition in this Court under Art.
I have been directed to request you kindly to send us companyy of the resolution of the Honble High Court on the subject and also the Annual Confidential Reports for the last 5 years pertaining to the officers proposed for promotion and also those who are superseded.
Sir, The Governor has been pleased to approve the promotion of the following Judicial Officers as District and Sessions Judges Qazi Mohammad Muzaffar Ud Din.
Sessions dered the companyperative Judge, as Law Secretary and crea merit, ability and sui of Additional District Court at tability of all the officers in Ramber filling up of officers in the cadre the vacancy in this behalf of Sub Judges we are of the opinion that the following sub Judges are fit to be promoted as District Sessions Judges, against the available vacancies Shri M.M. Gupta at present Third Civil Subordinate Judge Excise Magistrate, Jammu Shri O.P. Sharma, Sub Judge, C.J.M. Jammu.
Accordingly, a separate proposal may be sent by the High Court regarding the post of the promoted Officers.
3, 4, 5 and 6 as District and Sessions Judges.
The writ was issued by the High Court at the instance of Respondents Nos.
Shri Pavitar Singh.
LD A 81/143 Dated 16.11.1981 The Registrar, High Court of J K, Jammu.
The four therefore may be promoted as officiating District and Sessions Judges and that their postings may be ordered as under Shri M.M. Gupta, Second Additional District Sessions Judge, Srinagar Single Member Tribunal for Anti Corruption Cases, Kashmir Shri O.P. Sharma, District Sessions Judge, Rajouri Shri Bashir ud Din, Second Additional District Sessions Judge, Jammu Single Member Tribunal for Anti Corruption cases, Jammu Province Shri S.K. Gupta, 1st Additional District and Sessions Judge, Srinagar Special Judge Anti Corruption, Kashmir I am, therefore, to request you kindly to obtain the sanction of the companypetent authority and companyvey the same to me as early as possible, Yours faithfully Sd M. Rizvi Registrar 31.8.1981 In reply to the said letter of the Registrar, the Law Secretary addressed as follows No.
The Court companysidered the companyparative merit, ability and suitability of all the eligible officers in the cadre of Sub Judges and found the following sub judges fit to be promoted as District Sessions Judges against the available vacancies Shri M.M. Gupta at present Third Civil Subordinate Judge, Excise Magistrate , Jammu Shri O.P. Sharma, at present Sub Judge C.J.M. Jammu.
N. Kacker and Altaf Ahmed, for the Respondents in Ps.
In the said Writ Petitions had made the State through the Chief Secretary, Respondent No, 1, the High Court of Jammu Kashmir through the Registrar, the Respondent No.
Subject Appointment of District and Sessions Judges.
LD A 81/143 dated of the Offices is pro 16.11.1981 regarding posed as under appointment of S Shri i Shri Pavitar Singh Qazi Mohd.
The Writ Petitioners in the High Court who are also the Appellants in Civil Appeal No.
Shri Sudesh Kumar Gupta, Sub Judge Deputy Registrar, Jammu .
Shri Bashir Ud Din, 2nd Addl.
District Sessions Judge, Srinagar.
3,4,5 and 6 made by the Governor of the State.
1100 1600 against available vacancies with the posting as shown against each in companysultation with the Honble High Court Shri Pavitar Singh District and Sessions Judge, Leh Kargil Shri Harchran Singh District and Sessions Judge, Rajouri Sheikh Maqbool Ist Additional District and Hussain Sessions Judge, Srinagar, Special Judge, Anti Corrup tion, Kashmir, Srinagar.
It appears that on 8.3.1982 when the matter came up for further arguments learned Counsel for the Respondents submitted that in fairness and on the grounds of judicial propriety, the High Court might number hear the Writ Petition.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Learned Single Judge also granted stay of the operation of the order appointing the Respondents Nos.
Shri Bashir ud Din, at present, Sub Judge, Special Judicial Mobile Magistrate, Traffic, Kashmir.
Muzaffar District and Sessions UD Din, Pavitar Singh, Judge, Leh Kargil.
2186 89 of 1982.
1349 of 1982 is the Appeal filed by the Appellants on the strength of the certificate granted by the High Court.
1, 2, 3 in the appeal before the Supreme Court and these Respondents on companyviction by Upendra Nath Rajakhowa in a Sessions Trial challenged their companyviction inter alia on the ground that Shri Rajakhowa was number entitled to hold the post of District and Sessions Judge, Darrang as his appointment as District Judge was invalid.
1997 of 1982.
Under article 32 of the Constitution of India K. Venugopal S.P. Gupta, R. Satish, E.C. Aggarwala and Krishnamanan, for the appellants in C.A. 1349/82 for the Petitioners in WP.
It appears that after the recommendations made by the High Court and the detailed reasons by the High Court for recommending the petitioners in supersession of the other officers had been for warded to the State Government by the High Court, the State Cabinet companystituted a sub Committee which had gone into the matter and had made its recommendations.
Shri O.P. Sharma, District Sessions Judge, Rajouri.
The matter came up before a Division Bench on 27.2.1982 for admission of the petition and at that time a question was raised as to whether it would be proper for the High Court to hear the Writ Petition since the Court on the administrative side had already taken a decision which forms the basis of the claim of the petitioners in the Writ Petition.
Registrar, High Court of J K, Srinagar It appears that on 24.9.1981, the Under Secretary to the Government, Law Department, had sent a reminder to the Registrar of the High Court drawing his attention to the earlier letter dated 15.9.1981.
S. Harcharan Singh Bahri.
N. Kackar and Altaf Ahmed for the Appellant in C.A. 1997/82.
The appeal filed by the appellants and the writ petition filed by them in the High Court of Jammu and Kashmir are accordingly allowed to the extent indicated above with companyts against the State Government.
What is said of District Judges here applies equally to additional District Judges and Additional Sessions Judges.
1997 of 1982 has been filed by the State with leave of this Court against this judgment and Order of the High Court dated 8.3.1982.
On 27.2.1982 after the arguments had been heard at length, the matter was adjourned to 8.3.1982 for further arguments.
668 of 1982 challenging the validity of appointment as District Judges of the Respondents Nos.
The following Judgments were delivered AMARENDRA NATH SEN, J. Four Petitioners belonging to the cadre of Subordinate Judicial Service in the State of Jammu Kashmir and whose names were recommended by the High Court for appointment as District Judges, filed a Writ Petition in the High Court of Jammu Kashmir Writ Petition No.
The companycluding portion of this long letter reads I would, therefore, request you kindly to have the matter expedited and companymunicate the sanction of the Governor to the proposal already made as early as possible.
By order of the Governor Sd G.H. Nehvi Secretary to Government Law Department.
On 5.10.81 the High Court sent a detailed letter to the Government justifying the selection made by the High Court setting out in detail the reasons for supersession of the senior Officers.
1349 of 1982.
S. Bahri and Sheikh ii S.Harcharan Singh Maqbool Hussain as Bahri District District and Sessions Sessions Judge, JudgeSubmission of Rajouri.
Thereafter, on 26.11.1981, the following order was passed by the State Government Government of Jammu and Kashmir Civil Secretariat Law Department Sub Officiating appointment of District Sessions Judges.
It appears that it was submitted by the learned companynsel for the Petitioners that they would have numberobjection to that companyrse being adopted provided a certificate of fitness to file an appeal in the Supreme Court was granted in their favour.
Sheikh Maqbool.
proposal regarding their iii Sheikh Maqbool Hussain posting.
AND Civil Appeal No.
2186 82 of 1982.
On the 16th November, 1981, the Secretary to the Government, Law Department, addressed the following letter to the Registrar of the High Court No.
1997 of 1982 , the High Court made its companyments on all the officers who have been superseded.
Shri Bashir Ud Din, Sub Judge Special Mobile Magistrate Traffic , Srinagar.
3 to 6 pending disposal of the admission matter.
1st Addl.
2 and the four persons who were appointed District Judges by the Governor, as Respondents 3, 4, 5, and A learned Single Judge of the High Court directed numberice to issue to Respondents Nos 1 to 2 in the first Instance to show cause as to why the Petition should number be admitted and the Learned Single Judge further directed that the matter should be listed before a larger Bench for admission.
668 of 1981.
The ACRs of the Officers companycerned for the years 1976 77, 1977 78 and 1978 79 as also the companyrt resolution dated 29.8.1981 are enclosed herewith as desired.
Appeal by special leave from the judgment and order dated the 8th March, 1982 of the Jammu Kashmir High Court in W.P. No.
AND Writ Petitions Nos.
24 39 in paper book of C.A. No.
ORDER NO.
The resolution of the Full Court which was sent along with the letter may be set out LIST OF ITEMS DISCUSSED IN JUDGES MEETING HELD ON 29.8.1981 PRESENT The Honble Mufti Baha Ud Din Acting Chief Farooqui Justice The Honble Justice Dr. A.S. Anand Judge The Honble Mr. Justice I.K. Kotwal Judge The Honble Mr. Justice G.M. Mir Judge Preamble Resolved 3/ Appointment of Shri Ghulam 3/ After having companysi Hassan Nehvi, Distt.
717 LD A of 1981 dated 26.11.1981 Sanction is accorded to the officiating appointing of the following sub Judges as District and Sessions Judges in the scale of Rs.
Sd Secretary to Government Law Department.
