Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified.The division bench of Justice P. B. Bajanthri and Justice Alok Kumar Pandey were considering an appeal against the order of the single bench that dismissed the...

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court

The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence.Justice Bibek Chaudhuri further stated the order of the Disciplinary Authority based on such evidence violates the principles of natural justice. Brief factsThe petitioner...

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed,“No parent of any girl in our society can damage reputation of his/her daughter regarding her chastity. It has been seen in our society that even in case of commission of sexual assault, victims...

[POCSO Act] Secondary Evidence For Age Determination Of Victim Stands Legally Proven If Not Challenged By Defence During Trial: Patna HC

The Patna High Court has observed that the accused/defence forfeits the right to contest the admissibility of secondary evidence produced by the prosecution for age determination of the victim under the POCSO Act if the defence did not object to the production of such evidence during the trial. Further, the Court emphasised that the consent of the victim is immaterial under the Act and does...

Confession Made In Police Custody Cannot Be Relied On To Hold Accused Guilty: Punjab & Haryana High Court

The Punjab & Haryana High Court while directing to release an accused convicted for dishonestly receiving property stolen in the commission of a dacoity on the basis of extra-judicial confession, observed that confession made in police custody cannot be relied to hold the accused guilty.Justice Pankaj Jain relying on the landmark decision of Aghnoo Nagesia v. State of Bihar [(1966) 1 SCR...

[S.92 Evidence Act] Oral Evidence Admissible To Prove Contents Of Document Amid Claims Of Misdescription Of Plot Number In Sale Deed: Patna HC

The Patna High Court held that oral evidence could be admissible to prove the contents of a document under Section 92 of the Indian Evidence Act if there is a claim about the misdescription of plot number in a sale deed.Justice Arun Kumar Jha was considering the petitioner's case against the order of Munsif Court, which did not permit the petitioner/plaintiff to cross-examine...

Doubtful That A Victim Who Suffered 100% Burn Injuries Could Make A Dying Declaration: Patna High Court

The Patna High Court observed that a victim/deceased who caught fire and suffered 100 percent burn injuries would not have been in a position to give any statements implicating the accused, thereby casting doubts on the correctness of claim in the dying declaration.The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering a criminal appeal against conviction...

[Bihar Pension Rules] Employer Cannot Withhold Retirement Benefits If There Is No Pending Departmental Proceedings: Patna High Court

The Patna High Court observed withholding of pension and other benefits of a retired employee was unlawful in absence of any pending departmental proceedings against the retired employee under the Bihar Pension Rules, 1950.Justice Nani Tagia was considering the case of the Petitioner who retired in 2020 from the post of Programme Officer, Education Department. The petitioner received 90%...

Dependant Of Missing Employee Can Seek Compassionate Appointment After Lapse Of Seven Years: Patna High Court

The Patna High Court observed that for claims of compassionate appointment involving a missing person, the presumption of death shall arise after 7 years from the date of disappearance in accordance Section 108 of the Indian Evidence Act, 1872. Only after the lapse of 7 years, the authorities must start counting the time period for the application of compassionate appointment. Justice...

[Bihar Prohibition And Excise Act] Breath Analyzer Report Not Conclusive For Proving Alcohol Consumption: Patna High Court

The Patna High Court has held that a breath analyzer report is not conclusive proof to determine whether a person has consumed alcohol or not.The original petitioner (deceased) was working as a Sub-Divisional Officer (SDO) at Nirmali Police Station. A departmental proceeding was initiated against him for consumption of alcohol in violation of the Bihar Prohibition and Excise Act, 2016....

No Exceptional Circumstance In Bihar To Breach 50% Reservation Limit; Quota Merely Based On Population Proportion Impermissible : Patna High Court

The Patna High Court has struck down the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 passed by the Bihar Legislature on 09.11.2023 for being unconstitutional and in violation of Articles 14, 15 and 16 of...

BREAKING | Patna High Court Sets Aside Bihar Law Increasing Reservation For SC, ST & OBC Communities To 65%

The Patna High Court on 20.06.2024 set aside the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023.The Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar were considering a Public Interest Litigation (PIL) which challenged...