Revisional Authority Can't Set Aside Final Order Passed By Coordinate Revisional Authority In Separate Revision: Allahabad High Court

The Allahabad High Court has held that a revisional authority deciding a revision under Section 219 of the U.P. Land Revenue Act, 1901 has no jurisdiction to set aside a final judgment already rendered by another revisional authority of coordinate jurisdiction in a separate revision arising out of the same appellate order.Section 219(1) of the Act allows the specified revenue authorities to...

Allahabad High Court Directs CAT To Expeditiously Decide Ex-IPS Amitabh Thakur's Challenge To Compulsory Retirement

The Allahabad High Court (Lucknow Bench) has directed the Central Administrative Tribunal (CAT), Lucknow Bench, to expeditiously decide ex-IPS officer Amitabh Thakur's challenge to his compulsory retirement, which has been pending before the Tribunal since 2021. A bench of Justice Jaspreet Singh passed the order while dealing with a petition filed by Thakur under Article 227 of the...

UP Ceiling Act | Land Transfer During Pending Proceedings Is Void, Can't Be Saved By Tenure-Holder's 'Right Of Choice': Allahabad High Court

The Allahabad High Court has held that a transfer of land made during the continuance of proceedings for determination of surplus land is void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. It held that the Prescribed Authority cannot validate such a transfer by accepting the choice exercised by the tenure-holder under Section 12-A of the Act.Section 5(6) of...

Bigamy Strictly Prohibited: Allahabad High Court Upholds CRPF Constable's Dismissal Under 'Minor Punishments' Provision

The Allahabad High Court has held that a member of the Central Reserve Police Force can be dismissed from service under Section 11 of the Central Reserve Police Force Act, 1949, which is headed 'Minor punishments'. It held that the punishments listed in clauses (a) to (e) of Section 11(1) are awardable in addition to, or in lieu of, suspension or dismissal, and are not the only punishments...

Regularisation Takes Effect From Date Of Appointment Under Rules, Not Initial Ad-Hoc Appointment: Allahabad High Court

The Allahabad High Court has held that an ad hoc employee regularised under the U.P. Regularization of Ad-Hoc Appointments (on Posts Outside the Purview of Public Service Commission) Rules, 1979 cannot claim that his regularisation be treated as effective from the date of his initial ad hoc appointment or from the date on which he became eligible for regularisation. It held that under the...

Even Genuine Parental Concern Cannot Override Major Individual's Right To Choose Life Partner: Allahabad High Court

The Allahabad High Court has held that even genuine parental concern cannot override the constitutionally protected autonomy of a major individual to choose a life partner.The Court added that the right to choose one's partner is a facet of personal liberty and dignity guaranteed under Article 21 of the Constitution.A bench of Justice Sandeep Jain made the observation while allowing a...

Eligibility Certificate Can't Be Filed After Cut-Off Date Where Recruitment Notice Carries Negative Covenant: Allahabad High Court

The Allahabad High Court has held that where a recruitment advertisement, or a notice forming part of it, contains a negative covenant fixing a cut-off date for uploading documents and stipulating that a defaulting candidate loses the right to be shortlisted, an eligibility certificate cannot be filed after that date. It held that the distinction between existence of eligibility and proof...

S.106 BNS | Landlord Not Liable For Accidental Death In Rented Premises If No Attributable Negligence: Allahabad High Court

The Allahabad High Court has held that mere ownership of premises cannot create vicarious criminal liability on a landlord for an accidental death unless the prosecution material discloses a legally attributable negligent act or omission on the part of the owner. A bench Justice Saurabh Srivastava made the observation while quashing the chargesheet, cognizance/summoning order and entire...

Contractual Workers Engaged Under A Scheme Have No Right To Continue After Its Closure: Allahabad High Court

The Allahabad High Court has held that a person engaged on contract under a government scheme cannot claim a writ of mandamus for continued engagement once the employer has abandoned the scheme. It held that in the absence of any rule, regulation or government order providing for regularisation or absorption, such an engagee has no legal right on which a mandamus can rest.The Court further...

RTI Applicant Can't Directly Seek CCTV Footage Covered By Section 8(1)(g), May Approach Court/Commission: Allahabad High Court

The Allahabad High Court has held that CCTV footage sought under the Right to Information Act, 2005 cannot be supplied directly to the applicant when it is covered by the exception contained in Section 8(1)(g) of the Act. It held that a Court or Commission has the power to call for such footage and to direct its preservation, and may do so once the applicant files a complaint before...

Protection Against Termination Under Section 21 UP Secondary Education Act Not Available To Ad Hoc Teachers: Allahabad High Court

The Allahabad High Court has held that the protection of prior approval of the Board under Section 21 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 is not available to a teacher appointed on ad hoc basis. It held that the safeguard operates in favour of teachers regularly appointed on the recommendation of the Board, or at least regularised...

Excluding Legally Unavailable Posts From Ongoing Recruitment Doesn't Amount To Changing “Rules Of Game” Midway: Allahabad High Court

The Allahabad High Court has held that withdrawing vacancies from a running recruitment, because those posts could not lawfully be filled under the rules named in the advertisement, does not amount to altering the “rules of the game” midway. It held that correcting the vacancy position is different in kind from changing eligibility or selection criteria. It held that only the latter is...