Chhattisgarh High Court
Chhattisgarh High Court Upholds Acquittal In 2010 Dantewada Naxal Attack Which Killed 76 Security Personnel, Laments State's 'Flawed Probe'
The Chhattisgarh High Court has upheld acquittal of all 10 accused persons in an April 2010 attack which occurred in Tadmetla forest of Dantewada, claiming lives of 75 CRPF personnel and one member of State Police.A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal found the investigation conducted by the police as “flawed”. Expressing displeasure over the...
Shiksha Karmis Under Panchayat Rules Not Entitled To School Education Department Pay Scales : Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that service of Shiksha Karmis governed by Panchayat rules are not entitled to pay scales or other benefits applicable to teachers of the School Education Department. Background Facts The appellants were appointed as Shiksha Karmi (Grade-III/II) under...
Chhattisgarh HC Bench Recuses As Judge's Niece Appears As Counsel; Calls CJ's Recusal Norms Circular An 'Interference'
A division bench of the Chhattisgarh High Court last week took strong exception to a circular issued by the Registrar (Judicial) under the direction of the Chief Justice concerning the recusal norms. The bench termed it an "interference in the functioning of the Court".The strong observation came as the Bench [Justice Sanjay S Agrawal and Justice Narendra Kumar Vyas] recused itself from hearing...
Valid Caste Certificate Essential To Prove SC/ST Act Offence; Mere Oral Claim Of Caste Not Enough: Chhattisgarh High Court
The Chhattisgarh High Court has held that in cases involving an offence under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is imperative for the prosecution to establish that the complainant/victim belonged to the Scheduled Caste/Tribe community, and that the offender does not, thereby making filing of a valid caste certificate a sine...
Chhattisgarh High Court Refuses Relief To Professor Accused Of Forcing Hindu Students To Offer Namaz At NSS Camp
The Chhattisgarh High Court last week refused to quash a criminal case against a professor working at Guru Ghasidas Central University, Bilaspur, for allegedly forcing Hindu students to offer Namaz during an NSS camp in March last year.A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that the charge-sheet reveals prima facie evidence against him, which...
Merit-Cum-Seniority; Seniority Can't Be Applied Mechanically Not Evaluating Merit: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that under the principle of merit-cum-seniority, the DPC must first make a comparative assessment of merit, and seniority can be used only as a tiebreaker, not as the sole basis for promotion. Background Facts The appellant was appointed as a Jail...
Delay In Recruitment To Specialised Medical Posts Particularly For Mental Healthcare Causes Prejudice To Public: Chhattisgarh High Court
The Chhattisgarh High Court has lamented the prolonged delay in recruitment to specialised posts— particularly in the field of mental healthcare, such as MD Psychiatrist, causing prejudice to the citizenry.A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal was hearing a Public Interest Litigation concerning the lack of adequate mental...
State Government Can't Transfer Officers Engaged In SIR Work Without Prior Approval Of Election Commission: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that the transfer of an officer engaged in the Special Intensive Revision (SIR) of electoral rolls without prior approval of the Election Commission violates Section 13CC of the Representation of the People Act, 1950, and therefore, is arbitrary. Background...
No Law Bars Conducting Prayer Meeting Inside One's Home, Permission From Authority Not Required: Chhattisgarh High Court
The Chhattisgarh High Court recently observed that there is no law restraining any one from organizing prayer meeting in their dwelling house and thus no prior permission is needed from any authority for conducting such a prayer meeting if it is organized without violating any law. In doing so the court granted relief to two persons who had moved the high court challenging notices issued by...
“Non-Compliance With Mandatory Bank Guarantee Validity Justifies Rejection Of Tender Bid": Chhattisgarh High Court
The Chhattisgarh High Court has dismissed a writ petition challenging the disqualification of a contractor from a government tender process related to the construction of an Eklavya Model Residential School (EMRS).M/s Ramsaran Singh Projects LLP (Petitioner 1)— engaged in civil construction work, challenged the validity of an e-mail issued by WAPCOS Limited, a Government of India...
Hearing & Speech Impaired Rape Victim Uses Plastic Doll For Testimony, Chhattisgarh High Court Upholds Convict's Life Term
While upholding the conviction of a man for rape of a deaf and dumb woman, the Chhattisgarh High Court has emphasised that a witness— who is unable to speak, can depose in Court through gestures or demonstrative methods, and such testimony shall be treated as substantive oral evidence.In the present case, the victim- a young woman, deaf and dumb since birth, was raped by one of her...