Collection Amins Service Rules | Seniority Can't Override 70% Recovery Requirement For Regular Appointment: Allahabad High Court

The Allahabad High Court has held that a Seasonal Collection Amin who has failed to achieve the minimum recovery of 70% prescribed under the U.P. Collection Amins Service Rules, 1974 cannot claim regular appointment on the strength of seniority. It held that satisfactory work is a condition of eligibility under Rule 5 of the Rules and seniority becomes relevant only among those who...

Dismissal Vitiated Where Employer Fails To Supply Documents Or Produce Original Inquiry Record Despite Court's Direction: Allahabad High Court

The Allahabad High Court has held that disciplinary proceedings are vitiated where the employer does not supply the delinquent employee copies of the documents used against him and, despite a direction of the Court, fails to produce the original inquiry record on the plea that it has been misplaced. It held that the employer must establish from the inquiry record that a fair opportunity...

Allahabad High Court Orders UP Police To Pay ₹25K To Woman Kept In Jail For 12 Extra Days Due To Police Negligence

The Allahabad High Court last week directed the Uttar Pradesh Police to pay ₹25,000 to a woman as compensation for 12 extra days she remained in jail because the police department failed to supply timely instructions to the state counsel in her bail matter.A bench of Justice Arun Kumar Singh Deshwal noted that the court could not decide the bail application on October 12, 2026, because...

Approval Order Missing From Department Records Doesn't Prove Appointment Was Procured By Fraud: Allahabad High Court

The Allahabad High Court has held that the inability of a department to trace an approval order in its own records does not establish that the approval was never granted, much less that the employee fabricated it. It held that where the State seeks to brand an appointment fraudulent, it must identify the false representation or the fabricated document, fix responsibility for it and establish...

Food Safety Act | Junior Analyst (Food) Is Distinct Post From Food Analyst; State Can Prescribe Its Qualifications: Allahabad High Court

The Allahabad High Court has held that the post of Junior Analyst (Food) in the State service cadre is distinct from the post of Food Analyst under Section 45 of the Food Safety and Standards Act, 2006. It held that the State Government is competent to prescribe the academic qualification for it. Holding that no question of repugnancy arose, the Court upheld Rule 8(2) of the Uttar Pradesh...

Court Custody Till 4 PM, ₹5K Cost: Allahabad High Court Acts Against Woman IO Who Failed To Collect POCSO Accused's Phone

The Allahabad High Court today directed a woman investigating officer (IO) to remain in the Court's custody until 4 PM and deposit ₹5,000 in the Army Welfare Fund after she admitted that she had 'mistakenly' failed to collect the accused's mobile phone in a POCSO case. The case involves allegations of editing an obscene photograph/video of a minor girl and uploading it on social...

Lack Of Infrastructure No Excuse For Failure To Preserve Police Station CCTV Footage As Directed By SC: Allahabad High Court

Lack of resources, space, or infrastructure is no excuse for failing to comply with the Supreme Court's mandate to install CCTV cameras and preserve footage, the HC said.

Allahabad High Court Flags Use Of 'False' Victim DOB Certificates In POCSO Cases; UP Govt Proposes School Record Guidelines

About 2 months after the Allahabad High Court flagged cases in which boys around 19-20 years of age were allegedly falsely implicated in POCSO Act cases based on victims' false age certificates, the Uttar Pradesh government has proposed guidelines for recording students' ages at the time of school admission.A bench of Justice Arun Kumar Singh Deshwal was apprised that the proposed...

Allottee Must Be Compensated For Investment If Advertisement Is Withdrawn Due To Authority's Own Fault: Allahabad High Court

The Allahabad High Court has held that where an advertisement is cancelled after a Letter of Intent has been issued, and the cancellation is the authority's own fault rather than any breach by the allottee, the allottee must be compensated for what he has spent in complying with the Letter of Intent. Moulding the relief under Article 226 of the Constitution of India, the Court awarded...

Allahabad High Court Declares Mandatory Injury Report Requirement Under UP Financial Assistance Scheme For POCSO Survivors 'Unconstitutional'

The Allahabad High Court has declared 'unconstitutional' the mandatory requirement under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Scheme, 2015, to submit an injury report indicating penetrative sexual assault to claim financial assistance for child sexual assault survivors.A Bench of Justice Saral Srivastava and Justice Garima Prashad held that the condition was...

Registration Act | Writ Court Can't Conduct Full-Fledged Trial To Decide Fraud Allegations Over Land Agreement: Allahabad High Court

The Allahabad High Court has held that allegations of fraud and fabrication, however serious, do not permit a writ court under Article 226 of the Constitution of India to act as a court of first instance by recording oral evidence, testing the credibility of witnesses and deciding disputed questions of fact. It held that where a statutory authority has reached its conclusion on the...

Removal Of Court Employee For Off-Duty Incident After Two Decades Of Service 'Shockingly Disproportionate': Allahabad High Court

The Allahabad High Court has held that the removal of a court employee over a single incident outside working hours, after more than two decades of service and in the absence of any earlier adverse record, was shockingly disproportionate. The Court set aside the penalty while leaving the findings of misconduct undisturbed.It also held that Rule 7(4) of the Uttar Pradesh Subordinate Courts...