Allahabad High Court Dismisses Review Plea Against CBI Probe Into UP Assembly Staff Recruitment 'Irregularities'

The Allahabad High Court on Tuesday dismissed a review plea filed by the UP Vidhan Parishad against an order of the HC passed last month directing the CBI to conduct a preliminary probe into the 'irregularities' in the recruitment of staff for the secretariat of the State Legislative Assembly and Council in 2022-23.The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla that...

PIL In Allahabad High Court Seeks Removal Of Alleged Encroachments, Illegal Activities In Govardhan Parvat Parikrama Route

A public interest litigation has been filed in the Allahabad High Court seeking action against alleged illegal activities being conducted at the foot hill of the Holy Govardhan Parvat in Vrindavan. Petitioner, a resident of Govardhan, espoused the cause of the people living in the area and elsewhere. It was submitted that construction of bathrooms, crematoriums, graveyards and other...

SC/ST Act Offences | Can Entire Case Proceedings Be Challenged In Plea U/S 482 CrPC? : Allahabad HC Refers Issue To Larger Bench

The Allahabad High Court recently referred to a larger bench the issue of whether an application, filed under Section 482 of CrPC, challenging entire proceedings of a case under the SC/ST Act, is maintainable. A bench of Justice JJ Munir referred the issue in question as it noted that there were conflicting judgments of the High Court regarding the maintainability of such an...

Railways Responsible For Actions Of Its Departments: Allahabad High Court Upholds CAT Order Granting Notional Promotion To Employees From 2018

The Allahabad High Court has upheld an order of the Central Administrative Tribunal granting notional promotion to employees of railways from the date of their application on the ground that delay caused by one arm and arbitrary action of other arm of the Railways cannot take away the benefits accruing to the employees. A bench comprising of Justices Saumitra Dayal Singh and Rajendra...

Article 311(2) | Conviction Doesn't Lead To Automatic Dismissal From Govt Service, Application Of Mind Must: Allahabad High Court

The Allahabad High Court has reiterated that for dismissal from service under Article 311(2)(a) of the Constitution of India, authority must look at the conduct which led to conviction on a criminal charge. Mechanical order of dismissal under Article 311(2)(a) of the Constitution of India cannot be passed based on mere conviction, it held. “Now this issue is no res integra. Apex Court from...

UP Cooperative Societies Act And Not Industrial Disputes Act Applies To Disputes Between Employer-Employee In Cooperative Society: Allahabad HC

The Allahabad High Court has held that any dispute between an employer and employees of a cooperative society are to be adjudicated under the U.P Cooperative Societies Act, 1965 and not the under the provisions of U.P. Industrial Disputes Act, 1947.Relying on the decision of the Supreme Court in Ghaziabad Zila Sahkari Bank Limited Vs. Additional Labour Commissioner and others and the...

'Court Not An Expert In Chemistry Or Environment': Allahabad HC Relegates Person Seeking Exemption Under Insecticide Act To Statutory Authority

The Allahabad High Court recently held that Court is not an expert body to decide whether Ethephon (an insecticide) falls within the exemption claimed by the petitioner under Section 38(1)(b) of the Insecticide Act, 1968. Though the Court noted that petitioner had failed to discharge its burden to prove that exemption was rightly claimed, it directed the petitioner to appear before the...

Person Acquires Vested Right To Post Upon Appointment; Orders Having Civil Consequences Must Satisfy Principles Of Natural Justice: Allahabad HC

The Allahabad High Court has recently held that once a person has been granted appointment, he acquires a vested right to continue on the said post and any order bearing civil consequences should be passed after affording him opportunity of hearing. Petitioner’s appointment on the post of Sub Inspector, Civil Police was cancelled on the ground of concealment of criminal proceedings against...

Allahabad High Court Orders Status Quo On Dayalbagh Radhasoami Satsang Sabha Land Dispute

The Allahabad High Court on Wednesday stayed the demolition drive being carried out by Agra's local authority on a land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in Dayalbagh. Justice Manish Kumar Nigam directed both the parties to maintain status quo till the next date of listing.The Society approached the High Court stating it received two...

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It

The Allahabad High Court has directed its offices to ensure that the identity of a pregnant rape survivor, who approached it seeking medical termination of pregnancy, is concealed from all court records, including any and all communications and orders passed by the Court. A bench comprising Justices Salil Kumar Rai and Surendra Singh-I, while permitting the petitioner to undergo...

UP Scholarship Scam: Allahabad High Court Grants Anticipatory Bail To Hygia Educational Group's VP On Medical Grounds

On Wednesday, the Allahabad High Court granted anticipatory bail, on medical grounds, to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the UP’s ₹500 crore post-matriculation scholarship scam. Keeping in view the fact that the medical condition of the applicant had been certified by a panel of expert doctors, the bench...

[Pharmacy Act] State Has No Power To Cancel NOC: Allahabad High Court Sets Aside Cancellation Of 301 NOCs Granted To Pharmacy Colleges

The Allahabad High Court has held that neither the State Government nor any Board constituted by it has the power to revoke/cancel No Objection Certificates issued to Pharmacy Colleges as the power specifically vests with the Pharmacy Council of India. The Pharmacy Act is a special enactment operating in the field of pharmacy. State cannot exercise power in that field based on any general...