Employee's Request For Reinstatement After Acquittal Can't Be Rejected Without Re-Examining Material Forming Basis Of Termination: Patna HC

While quashing the health department's order terminating the services of a man, the Patna High Court reiterated that natural justice principles require that an individual must be given the opportunity to respond to any adverse evidence before such punitive actions are taken against them. In doing so the high court observed that the respondent-Department should have re-examined the...

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved.Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement (Ext.C) of another...

Seniority Is Reckoned With Ph.D. Acquisition Date, Not Initial Appointment Date For Principal-In-Charge Position: Patna High Court Clarifies UGC Regulations

Patna High Court: A Division Bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed a writ petition challenging the appointment of Dr. Krishna Murari Sah as Principal-in-Charge of Sitaram Sahu College, Nawada. The Court held that despite his later appointment, Dr. Sah acquired his Ph.D. earlier, making him senior to the petitioner under UGC Regulations....

If Appeal Is Preferred Beyond Limitation, Notice Must Be Issued To Respondent; Court Can't Directly Proceed On Merits: Patna High Court

The Patna High Court has made it clear that if an appeal is filed beyond the period of limitation, a notice of hearing is to be mandatorily issued to the respondent party.Single bench of Justice Arun Kumar Jha added that appellate court cannot proceed with the appeal on merits keeping the issue of limitation pending till final judgment. It reasoned,"...issuance of notice to the respondent is...

Termination Of Service After Employee's Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court

The Patna High Court recently allowed a petition challenging an office order from the Water Resources Department that halted petitioner's pension after four years and eight months of his superannuation from the post of Mapak.The court ruled that a delinquent employee would be considered to be in service, even after reaching retirement age, only if a valid departmental proceeding had...

Insurance Companies Liable For Paid Drivers And Cleaners Under Motor Vehicle Act When Additional Premium Is Accepted: Patna High Court

The Patna High Court has ruled that an insurance company must cover the liability for a paid driver and cleaner under the Motor Vehicle Act, 1988, when the vehicle owner pays an additional premium for their coverage. The court emphasized that once the insurance company accepts the additional premium, it extends its liability to cover risks associated with the paid driver and cleaner, shifting...

Prior Period Service Must Count Towards ACP/MACP Benefits For Absorbed Employees: Patna High Court.

Patna High Court: A Single Judge Bench of Justice Harish Kumar directed the State of Bihar to count the petitioner's prior service period before retrenchment for granting Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits. It held that the principles applicable to fresh appointments do not apply to cases of absorption of...

Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights

Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...

Court Cannot Issue Process U/S 82 Or 83 CrPC Without Recording Satisfaction That Persons Were Deliberately Avoiding Service: Patna HC Reiterates

The Patna High Court has reiterated that issue of process of proclamation and attachment under Sections 82 and 83 of the CrPC respectively is procedurally deficient in absence of service report for summons and warrants.Justice Partha Sarthy held that trial courts must record satisfaction regarding deliberate avoidance of service, before resorting to proclamation. The single...

Concurrent Finding Of Fact Can't Be Overturned In Second Appeal U/S 100 CPC Merely Because 'Alternative View' Is Possible: Patna HC Reiterates

The Patna High Court, while dismissing an appeal under Section 100 of the Code of Civil Procedure challenging the judgement of the Additional District Judge which had upheld the decision of the Munsif in a title suit, held that a concurrent finding of fact based on evidence cannot be overturned in a second appeal merely because an alternative view could be drawn from the same...

Recognition Of Service Must Be Based On Objective Criteria, Not Extraneous Factors Like Gender: Patna HC

Patna High Court: Justice Anil Kumar Sinha ruled against the gender-based prioritization of a female Peon's service over a male employee who held a sanctioned post at a girls' school. The court found that without statutory backing, employment recognition must be based on objective criteria rather than extraneous factors like gender. Setting aside orders recognizing respondent's service, who...

Arms License Can't Be Canceled On Mere Registration Of FIR : Patna High Court Reiterates

The Patna High Court has reiterated that mere registration of a First Information Report (“FIR”) against a person cannot be a ground to cancel his/her Arms License. The bench comprising Justice Mohit Kumar Shah heard a case where the petitioner's arms license was canceled by the District Magistrate, Supaul after finding that an FIR was registered against the petitioner. According to the...