Magistrate Can Reject Police Final Report And Summon Accused If Case Diary Discloses Prima Facie Offence: Allahabad High Court

The Allahabad High Court has held that a Magistrate may take cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure and summon the accused even where the police have filed a final report concluding that no case is made out, and that in doing so he is not required to follow the procedure prescribed under Sections 200 and 202 of the Code. It held that at that stage...

Civil Services | Disciplinary Proceedings Can't Continue After Retirement Without Governor Sanction Under Regulation 351-A: Allahabad High Court

The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to...

Charge-Sheet Witnesses Must Be Examined In Presence Of Delinquent Employee, Deviation Infringes Natural Justice: Allahabad High Court

The Allahabad High Court has held that Rule 7(vii) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 requires the Inquiry Officer to record the oral evidence of the witnesses named in the charge-sheet in the presence of the charged government servant, and any deviation infringes the principles of natural justice. It held that the opportunity to cross-examine must be given...

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...