Pakistan is seen as a villain to peace in Kashmir - Business Guardian
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Pakistan is seen as a villain to peace in Kashmir

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The night of January 1990, still brings shivers down my spine, when I along with my family was forced to leave my home in Srinagar and the thriving legal practice and move to the urban wilderness in New Delhi. It is not so easy for a displaced person, to make a mark, but thanks to the resilience of Kashmiri Pandits as a community and through sheer intellect and hard work, we did manage to live with honour and dignity even in exile and away from our roots. But roots are always haunting. So the resolution of the whole community is “We Shall Return with dignity to our Homeland”
The recent spate of targeted killings of Innocent civilians and yesterday’s killing of an off-duty Sub-Inspector of JK Police in Pulwama, who was the seventh of such off-duty police official kidnapped and brutally Killed by new-age hybrid terrorists. These targeted killings of innocent civilians including outsiders and minorities unlike past evoked large condemnation and protestations by the Kashmiri Muslims. Kashmiris hit the streets in large numbers to protest against the killings. The political leadership across the spectrum, the civil society leaders and the spiritual and religious leaders strongly condemned the killings. There was a strong appeal to minorities, especially to members of the Kashmiri Pandit community who are living and working in the Valley not to be frightened to leave Kashmir. That regional political leadership collectively even met the LG Manoj Sinha and urged him to resolve the issues of insecurity of the KP employees and assured full support to the minorities. This manifests that the Soul of Kashmiri ethos and plural societal values of “Kashmir are alive”.
Killing one and scaring a thousand was once again the Modus operandi used by militants to force the exile of minorities but Kashmiris unitedly failed their designs.
Kashmiris are sick of death and destruction unleashed by radicals. They wish to live in peace and pick up peaceful life and ensure no more Kashmiris are killed by their kiths and fellow natives. Kashmir calls for peace and sustainable inclusive development for the betterment of future generations.
There is a dire need for an honest Intra-Communities dialogue to once again build mutual trust, amity and brotherhood between all the sections to reinforce and consolidate the idea of Insaniyat and our proud Kashmiriyat, that has been imperilled over the past three decades. Some of the credible NGOs, civil society leaders and the Kashmiri leadership are taking honest initiatives for building mutual trust, confidence and amity between the minority communities and the majority. Such initiatives are in the interests of Kashmiriyat and deserve all-out support.

Heaven on earth
The robust security eco-system currently prevalent, the influx of tourism, the coexistence of various communities on the ground and people’s participation in grassroots democratic institutions have frustrated the Pakistani terror masters. The Kashmiri communities together unitedly are determined to fail and defeat Pakistan’s nefarious agenda in Kashmir. They say we shall endeavour to revive the lost glory and heritage of Kashmir. It is our heaven on earth we shall unitedly fight to save our homeland to become hell. Kashmir is the keystone of our collective conscience and heritage.
Agar firdaus bar ru-ye zamin ast
Hamin ast-o hamin ast-o hamin ast
If there is heaven on earth
It is this, it is this, it is this!
If there is ‘Paradise on earth, it is this, it is this, it is this’
Most of the patriotic Muslims and Pandits of the Kashmir Valley were forced to flee the Kashmir valley as a result of being targeted by JKLF and Islamist insurgents in late 1989 and early 1990. Of the approximately 300,000 to 600,000 Hindus living in the Kashmir Valley in 1990, only 6000-10000 remain there today. Most pandit youths live in the Valley as PM package migrant employees. Unfortunately, These employees have been targeted for killing recently by the new age hybrid terrorists.
According to the government, more than a lakh families are registered as Kashmiri migrants including some Muslims and Sikh families. Most families are resettled in Jammu, National Capital Region surrounding Delhi, other states and overseas.
On 2 July 1984, G. M. Shah, who had support from Indira Gandhi, replaced his brother-in-law Farooq Abdullah and became the chief minister of Jammu and Kashmir, after Farooq Abdullah was dismissed, in what was termed a political “coup”
G. M. Shah is known for his administrative skills and toughness, his administration did not enjoy large people’s mandate. The Islamists and opponents of India gained some legitimacy through religious sentiments and scores of mosques. and madrasas mushroomed. This gave political space to Islamists who previously lost overwhelmingly in the 1983 state elections.
The people of Jammu took to the streets to protest against the Islamists gaining ground in Valley, which led to Hindu-Muslim clashes In February 1986, Gul Shah on his return to Kashmir valley could not effectively control As a result, Kashmiri Pandits were targeted by the fellow Kashmiri agitators resulting in incidents of arson, rampages and violence in various areas where Kashmiri Hindus properties and temples were damaged or destroyed. The worst-hit areas were mainly in South Kashmir and Sopore. In Vanpoh, Lukbhavan, Anantnag, Salar and Fatehpur, Muslim mobs plundered or destroyed the properties and temples of Hindus.

Insurgency launched by JKLF
During the Anantnag riot in February 1986, although no Hindu was killed, many houses and other properties belonging to Hindus were looted, burnt or damaged. Shah called in the army to curb the violence, but it had little effect. His government was dismissed on 12 March 1986, by the then Governor Jagmohan following communal riots in south Kashmir. This led Jagmohan to rule the state directly. The political fight was hence being portrayed as a conflict between “Hindu” New Delhi (Central Government), and its efforts to impose its will in the state, and “Muslim” Kashmir, represented by the political class, Islamists and clerics.
The Islamists had organised under a banner named Muslim United Front, with a manifesto to work for Islamic unity and against political interference from the centre, and contested the 1987 state elections, in which they lost again. However, the 1987 elections were widely believed to be rigged to bring the secular parties (NC and INC) in Kashmir to the forefront, and this caused the insurgency in Kashmir. The Kashmiri militants killed anyone who openly expressed pro-India policies. Kashmiri Pandits were targeted specifically because they were seen as presenting an Indian presence in Kashmir because of their faith.
Though the insurgency had been launched by JKLF, groups rose over the next few months advocating for the establishment of Nizam-e-Mustafa (Rule of Muhammad). The Islamist groups proclaimed the Islamicisation of socio-political and economic set-up, merger with Pakistan, unification of ummah and establishment of an Islamic Caliphate. Liquidation of central government officials, Pandits, liberal and nationalist intellectuals, and social and cultural activists was described as necessary to rid the valley of un-Islamic elements.…
Three decades later, when the community was slowly and steadily coming to terms and many in the new generation had started unearthing and rediscovering their roots in Kashmir Valley, the targeted killings have sent shock waves.
Since 2010, societal relations between Kashmiri Pandits and Kashmiri Muslims had started rebuilding. Since 2010, almost 4500 employees were appointed and deployed in Kashmir of whom around 1,100 live in transit accommodations and the rest in rented spaces. Some of them had started investing in the reconstruction of their homes on the lands they own.

Hybrid terrorists
The government side tells us that major terror groups, with their masterminds sitting across the border, are worried over the sea change that has come in the situation in the Valley. More than 9.9 lakh tourists visited the Valley till May 31 and this has been the cause of worry for Pakistani handlers sitting across the border. This is the main reason why unknown ‘hybrid’ terrorists are being used to kill soft targets like Kashmiri Pandits and outsiders in the Valley. Despite demands, the Centre has decided not to allow the mass transfer of all Kashmiri Pandits from the Valley to the Jammu division.
Contrary to the claims of the authorities, the ground situation in Kashmir is very grim. The infiltration has not come down nor is any relent visible in the targeted killings. The Pandits are sandwiched between the so-called national interests of two rival states, one of which claims to be the world’s largest democracy. The abrogation of Article 370 in 2019 and the government’s iron-fisted policy has brought the number of militant attacks on the security forces (SF) down and the frequency of bands and stone-pelting did decrease, but it has not brought a significant difference concerning the attacks on the civilians.
In that sense, the situation on the ground in Kashmir is far from normal, contrary to what Prime Minister Narendra Modi’s government says. Since January 2002, according to South Asia Terrorism Portal, 137 people have lost lives in 81 incidents of violence, which included 20 civilians and 18 security force personnel. As many as 99 terrorists/insurgents were also killed.
Please read concluding on thedailyguardian.com
The above statistics should also be seen in the context of the fact that the Line of Control (LoC) with Pakistan is much quieter these days compared to what was the situation in the past. There has been just one instance of the violation of the ceasefire agreement over the last six months.
Director-General of Police Dilbag Singh says, there are now grave and dangerous challenges from Over Ground Workers (OGWs) and it is “very difficult to identify them.” And here, the Pakistani ISI may be playing a role in manipulating not only the minds of the Kashmiri youth but also exploiting overall “the religious fault lines” that exist overall within India.
The New York Times quoted Sandeep Raina, 38, an engineer, saying that when 1990 they migrated, he was eight years old. For two decades, he moved from place to place before finally returning home a decade ago to take up a job, build a home and start a family. “I have spent my whole life in migration. Who would like to be dislocated again and again?” he said as his eight-year-old son was watching the conversation.
“Bank managers, teachers and other people are being killed. Kashmiri Pandits are fleeing. Those responsible for their security are busy promoting a film,” Rahul Gandhi tweeted. “The BJP has used Kashmir as a ladder for power. Mr Prime Minister, take immediate steps to restore peace in Kashmir.”

Good news
The good news is that Kashmiri Muslims came forward to raise their voice against ‘targeted killings. There was a protest at Lal Chowk, Srinagar against targeted killings. The Grand Mufti of Kashmir Valley also said, he condemns the killing of innocent persons. Mufti Nasir-ul-Islam said, Kashmiri Pandits or Dogra Hindus are an inviolable part of Kashmir and Kashmiriyat, and they should not be allowed to leave the Valley. “The Muslims of Kashmir are with their Pandit brothers”, he said.
The imam of Anantnag mosque said after Friday prayers that “killing of innocents cannot be termed as jihad”. “If some people think that a Musalman is doing jihad by attacking minorities, then I oppose such acts. Islam has not allowed such jihad where minorities are killed because of their religion”, the imam said. He appealed to all Kashmiri Muslims to come out and protest such killings.
It is extremely sad that on the government level, there is no effort to bridge the divide between the two communities. After the abrogation of Article 370 majority community is feeling insecure with the calls of changing the demographic profile of the Kashmir Valley. Such calls do more harm than any good and squeeze space for any reconciliation. Kashmir’s development, prosperity, and new leadership vision shall be realized only through our mutual brotherhood, compassion, collaboration, and trust.
If the safety and security of the Pandits are not ensured in Kashmir, gradually the jihadis will keep increasing their space. It is the Pandits – born of the soil and water of Kashmir – who are the bulwark against the radicalization of Kashmir.
The Pandits working in Kashmir as part of the PM Package must be given proper security. They must be given assurance by the government that their living conditions and security infrastructure shall be improved.
The change we are observing this time is that Kashmir’s civil society is supporting the Pandits. They are vocal in their criticism of the terror ecosystem which killed Rahul Bhat and others.

Big role for Kashmiri Pandits
Societal connect necessary to rehabilitate and secure Kashmiri Pandits
If New Delhi wants a hold on Kashmir and promotes the true idea of India, then the Kashmiri Pandit has a big role. The government must create an environment where the Pandits shall feel secure. There is a need to plan comprehensive restitution, return, rehabilitation and economic-political empowerment module for the whole exiled community back in the Valley. Without their physical presence in the Valley in large numbers preferably in three smart cities of composite habitation in Srinagar, Baramulla and Anantnag districts headquarters the peace shall allude and the mainstreaming of the Kashmir Idea of India in Kashmir will remain a distant dream for Modi:2:0
In the 2019 Parliament Election With the hope that the BJP may perhaps now settle the issue of displaced Kashmiri Pandits and rehabilitate them in the valley, 86 % of the votes polled by the migrants were polled in favour of the BJP and approx 50 % of BJP Votes in Valley came from Kashmiri Pandit community. With the hope, that the BJP government at the Center will engage with the community but they failed to engage with the community in building the joint road map so far. It is not too late still the Union Government has all the plans submitted by KPs.Unknot the clots of concerned bureaucracy, engage with thought leaders of the community and other Kashmiri stakeholders decide and exert the will of the nation to bring physically back in the Valley the whole of the exiled community. The whole of the nation awaits the D day.
Ashok Bhan
Senior Advocate
Supreme Court of India And;
A Distinguished Fellow USI

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Legally Speaking

Disproportionate assets case: Delhi High Court stays Lokpal proceedings initiated against Jharkhand Mukti Morcha chief Shibu Soren

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Disproportionate assets case: Delhi High Court stays Lokpal proceedings initiated against Jharkhand Mukti Morcha chief Shibu Soren

On Monday, the Delhi High Court has stayed the proceedings initiated by Lokpal of India under the provisions of the Lokpal & Lokayuktas Act, 2013 against Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren in connection with a disproportionate case of assets.

The bench comprising of Justice Yashwant Varma observed and has passed an order on Soren’s plea challenging the validity of the said proceedings, claiming that the same was ex facie bad in law and without jurisdiction.

In the present case, the proceedings were initiated by Lokpal of India pursuant to a complaint dated August 5, 2020 filed by BJP’s Nishikant Dubey. Therefore, it has been directed by the CBI to make a preliminary enquiry into the Complaint under section 20(1)(a) of the Lokpal and Lokayuktas Act, 2013. It was claimed by Soren that the said order was not served on him.

While claiming the complaint was false, frivolous and vexatious, Soren in his plea submitted that according to section 53 of the Act and there is a statutory bar against the Lokpal of India assuming jurisdiction to investigate or inquire into any Complaint made after the expiry of seven years from the offence alleged.

The plea reads that the initiation of the proceedings under the Complaint, or at the very least, continuation thereof, once it has been demonstrated by the preliminary inquiry that it pertains to alleged acquisitions prior to the 7-year period and is clearly barred by statute, without jurisdiction and the same is liable to be quashed.

Further, the petition filled submits that the maximum period of 180 days for completion of preliminary enquiry from the date of Complaint expired on February 1, 2021. In this backdrop, it has been stated that by this time, only on July 1, 2021, the comments were sought from Soren which is beyond the prescribed statutory period.

The plea adds that the final preliminary enquiry report was submitted by the CBI on 29.06.2022, about a year and a half after expiry of the 180- day period. Such purported report is void and null and non-est in the eyes of law and cannot be received or considered by the Respondent No.1.

Thus, the court took note of the order passed by Lokpal of India dated August 4, 2022 directing that proceedings under section 20(3) of the Lokpal Act be initiated to determine whether a prima facie case existed to be proceeded against Soren. It is Soren’s case that the order was passed without considering the preliminary objection on jurisdiction being raised by him.

In the said order, the court noted that all the Lokpal of India recorded was that the comments received from the petitioner were forwarded to CBI so as to examine and submit an enquiry report.

It was ordered by the court that the challenge to assumption of jurisdiction by respondent no. 1 (the Lokpal of India) has neither been answered and nor dealt with. Matters require consideration. Subsequently, there will be a stay of proceedings pending before the Lokayukta.

Accordingly, the court will now hear the matter on 14 December.

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DELHI HC SETS ASIDE MURDER CONVICTION & LIFE SENTENCE OF MAN WHO WAS UNPRESENTED BY LAWYER; REMANDS CASTE BACK TO TRIAL COURT

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DELHI HC SETS ASIDE MURDER CONVICTION & LIFE SENTENCE OF MAN WHO WAS UNPRESENTED BY LAWYER; REMANDS CASTE BACK TO TRIAL COURT

The Delhi High Court in the case Narender @ Lala v. State Of NCT Of Delhi observed and has set aside the orders of conviction for murder and sentence of life imprisonment awarded to a man in 2018 who was unrepresented by a lawyer before the Trial Court. Thus, the Delhi High Court has remanded the case back to the Trial Court for cross examination of certain prosecution witnesses.

The division bench comprising of Justice Mukta Gupta and Justice Anish Dayal observed and was of the view that there had been a grave miscarriage of justice to the man as when number of witnesses were examined, he was not represented by a counsel and that the legal aid counsel, who was present before Trial Court and was appointed on the same day and asked to cross- examine the witnesses on the same day.

On March, 2018, Narender was convicted for offence of murder punishable under section 302 of Indian Penal Code, 1860. On 4th May, 2018, he was sentenced by the Trial Court for life imprisonment and also to pay a fine of Rs. 10,000.

In the present case, the case of the prosecution was that the man had committed murder of his wife by strangulating her to death.

In a appeal, it was argued by the man that during the substantial course of trial, he was not represented by a lawyer and hence the trial in the absence of a lawyer had seriously prejudiced him. He thus sought recalling of all the prosecution witnesses and thereby ensuring a fair trial.

The Court observed that the manner in which the trial is conducted, there was a serious denial of fair trial to the appellant and the appellant is required to be given an opportunity to cross-examine the witnesses i.e., the witnesses examined in the absence of the lawyer, or the lawyer having been appointed on the same day from the legal aid and is asked to cross-examine the witnesses.

Further, the court remanded the back to Trial Court for cross-examination of ten prosecution witnesses. Also, the court directed the Trial Court Judge to follow due process of law and also to record the statement of the man under Section 313 CrPC and permit leading the defence evidence if so required.

The Court ordered that the case be listed before the learned Trial Court on 26th September, when Superintendent Tihar Jail will product the appellant before the learned Trial Court and the learned Trial Court is requested to expedite the trial and conclude the same preferably within four months.

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SUPREME COURT REFUSES TO ENTERTAIN PLEA CHALLENGING EXCLUSION OF SC/ST RESERVATION IN JHARKHAND DISTRICT JUDGES APPOINTMENT

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SUPREME COURT REFUSES TO ENTERTAIN PLEA CHALLENGING EXCLUSION OF SC/ST RESERVATION IN JHARKHAND DISTRICT JUDGES APPOINTMENT

The Supreme Court in the case Dr. B.R. Ambedkar Educational And Cultural Trust v. Hon’ble High Court Jharkhand And Ors. observed and has refused to entertain a plea challenging the non-inclusion of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes communities in the process of appointment of District Judges in pursuant to an advertisement issued in March, 2022 by the High Court of Jharkhand. The present petition claimed that the exclusion of reservation violates Jharkhand State Reservation Policy and constitutional guarantee under Article 16(4). Apart from this, it is also in derogation of a resolution being passed by the High Court vouching to implement reservation in the Jharkhand Superior Judicial Service.

The bench comprising of Justice D.Y. Chandrachud and the Justice Hima Kohli observed and has granted liberty to the petitioner to file a petition under Article 226 of the Constitution before the Jharkhand High Court.

The court while considering that the process of appointment as per the concerned notification is underway, Justice Chandrachud asked the petitioner to approach the High Court with respect to future appointments.

It stated that “For the future you can file a petition before the High Court… We will give you liberty to approach the High Court under Article 226 of the Constitution.”

The bench of Justice Chandrachud observed that the Decisions of the Administrative side of the High Court can be challenged before the judicial side of the High Court. You can move the High Court.

In the present case, a writ petition challenging a similar notification was filed in 2017 before the High Court, which was eventually dismissed. It was observed by the High Court that there is no duty vested in the authorities to reserve seats for all posts, more particularly in higher judiciary. Moreover, it had already initiated the appointment process, the High Court opined that it cannot alter the rules midway. Thus, the appeal filed before the Apex Court was also dismissed.

However, in 2018 the Full Court of the Jharkhand High Court had agreed in principle to grant reservation in the recruitment for Jharkhand Superior Judicial Service. The advocates belonging to the SC/ST/OBC communities in 2021 had made representations to the Chief Justice of the High Court requesting for the implementation of the Reservation policy in appointment of District Judges (direct entry from Bar)/ superior judicial service. The impugned notification was issued without incorporating reservation for SC/ST/OBC communities in March 2022.

Mr. Arvind Gupta, Advocate on Record has filled the present petition.

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Right to contest election is not a fundamental right; it is only a right conferred by statute: Supreme Court

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Don’t compare Turban, Kirpan with Hijab: SC

The Supreme Court in the case Vishwanath Pratap Singh vs Election Commission of India observed that the right to contest an election is not a fundamental right but only a right conferred by a statute.

The bench comprising of Justice Hemant Gupta and the Justice Sudhanshu Dhulia observed while dismissing a Special Leave Petition filed by Vishwanath Pratap Singh that an individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as is required under the Act, to file his nomination without any proposer.

Also, the court imposed a cost of Rupees one lakh on Singh.

In the present case, Singh had first approached the Delhi High Court challenging a notification issued by Election Commission of India for election to Rajya Sabha after he was not allowed to file his nomination without a proper proposer being proposing his name. His contentions were rejected by the High Court that his fundamental right of free speech and expression and right to personal liberty has been infringed.

While dismissing the SLP, the Apex Court observed that the writ petition before the High Court was entirely misconceived.

The bench observed while referring to earlier judgments viz Javed v. State of Haryana, (2003) 8 SCC 369 and Rajbala v. State of Haryana (2016) 2 SCC 445 wherein it was stated that the right to contest an election is neither a fundamental right nor a common law right. It is a right conferred by a statute.

However, the Supreme Court in Javed (supra) had made the following observations: Right to contest an election is neither a fundamental right nor a common law right and it is a right conferred by a statute. At the most, in view of Part IX having been added in the Constitution of India that a right to contest election for an office in Panchayat may be said to be a constitutional right and a right originating in the Constitution and given shape by a statute. But even if, it cannot be equated with a fundamental right. It is stated that there is nothing wrong in the same statute which confers the right to contest an election also to provide for the necessary qualifications without which a person cannot offer his candidature for an elective office and also to provide for disqualifications which would disable a person from contesting for, or from holding, an elective statutory office.

It was held in Rajbala (supra) that the right to contest for a seat in either of the two bodies is subject to certain constitutional restrictions and could be restricted further only by a law which the parliament made.

Further, the court added that Singh did not have any right to contest election to the Rajya Sabha in terms of the law made by the Parliament.

The Court stated while dismissing the SLP that the Representation of People Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be proposed while filling the nomination form. However, it cannot be claimed by an individual that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act.

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Post-conviction compounding of offences is permissible: Himachal Pradesh High Court

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The Himachal Pradesh High Court in the case Shri Kantu Ram v Shri Beer Singh recently observed that a court, while exercising powers under Section 147 of the Negotiable Instruments Act and can proceed to compound the offences even after recording of conviction by the courts below.

The bench comprising of Justice Sandeep Sharma observed in a case where the revision Petitioner, who was convicted under Section 138 of the NI Act by the Magistrate Court and was aggrieved by subsequent dismissal of appeal by the Sessions Court and had agreed to pay the amount due and settle the matter.

Thus, the petitioner had sought compounding of offences.

In the present case, the respondent admitted the factum with regard to receipt of the amount due from the accused and expressed that the prayer made on behalf of accused for compounding of offence can be accepted.

However, the High Court allowed the prayer and the offence committed by the Petitioner under Section 138 NI Act was ordered to be compounded.

The Court observed that the Reliance was placed on Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein the Apex Court has categorically held that court, while exercising power under Section 147 of the NI Act and can proceed to compound the offence even after recording of the conviction by the courts below.

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‘Pensionary benefits to employee, who is removed from service for misconduct, is not at par with those who retire on superannuation’

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The Jammu and Kashmir and Ladakh High Court in the case Bashir Ahmad Wani v Jammu and Kashmir Grameen Bank and Another recently observed and stated that an employee who is removed from service for misconduct is not at par with those who is being retired on superannuation.

The bench comprising of Justice Sanjeev Kumar observed while dismissing the pension claim made by a former employee of the J&K Grameen Bank, who was removed from service in 2011.

In the present case, the petitioner had sought benefit of the J&K Grameen Bank (Employees) Pension Regulations, 2018 whereby provision was made for terminal benefits.

However, the court disallowed the claims on two grounds:

Firstly, that at the time of removal of the petitioner from service when there were no norms, rules or regulations providing for the benefit of pension to the employees of the respondent-Bank.

In the year 2011, the employees of the respondent-Bank were governed by the J&K Grameen Bank ( the Officers and Employees) Service Regulations, 2010… it is abundantly clear that it does not prescribe imposition of a penalty of removal along with the pensionary benefits.

Secondly, it was opined by the court that though the 2018 Regulations had been made applicable to those employees who were in service between 1st day of September, 1987 and 31st day of March, 2010 and the employees retired from the services of the Bank before 31st day of March, 2018, however, this leeway cannot come to aid of the Petitioner.

The Curt observed that the reason for finding that the Petitioner was not an employee who had “retired” on superannuation from the bank. Rather, he was “removed” for misconduct.

The Court stated that the regulations apply to those employees who retired from the service of the Bank before 31.03.2018 and not the employees who were terminated for misconduct. Viewed thus, the order of removal of the petitioner dated 02.09.2011 holding the petitioner entitled to terminable benefits and cannot, by any stretch of reasoning, be construed to be an order of removal with the benefit of the pension. Neither, the petitioner, at the time of his removal from service, nor with the promulgation of Pension Regulations of 2018, is entitled to the benefit of pension.

Accordingly, the court dismissed the petition.

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