Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court...

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. “We answer the reference, thus, that in case some of the criminal appeals arising out of the same...

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court observed...

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh set aside an order of dismissal observing that as long as the certificates in dispute were not cancelled, the Authorities could not initiate Disciplinary Proceedings or impose penalty in the form of a dismissal order.BackgroundThe Appellant was appointed as an Assistant Engineer on 23.06.1987 in...

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions. Background Facts The petitioner hails from Banka, Bihar, is the spouse of Late Guddu Kumar who...

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to...

FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court

The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay.A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to be dispatched to the...

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy.Upon perusing the material evidence placed on record,...

Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative.The above ruling came during the dismissal of a petition filed...

Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

Patna High Court: A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. The Court held that such action without prior notice violated principles of natural justice and contradicted an earlier High Court ruling that mandated...

Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court

The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication...

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court observed that prohibition law in the...