'Gross Misconduct': Chhattisgarh High Court Takes Suo Motu Cognisance Of Reports On Railway Officials' Party Inside Boxing Ring

The Chhattisgarh High Court has taken suo-motu cognisance of a news report, as per which Railway Officials allegedly consumed alcohol while celebrating a birthday party in a boxing ring at the South East Central Railway (SECR), which is primarily a no-alcohol area.As per the news report published by a Hindi Daily, a picture of the Railway officials had gone viral on social media in which it...

Chhattisgarh High Court Upholds ED Arrest Of Chaitanya Baghel In Liquor Scam Case, Says Procedural Lapses Do Not Constitute Illegality

The Chhattisgarh High Court has refused to quash the arrest and consequential criminal proceedings initiated against Chaitanya Baghel (petitioner) for his alleged involvement in the Chhattisgarh Liquor Scam.While the petitioner pointed out a slew of procedural lapses and irregularities in his arrest, such as— non-issuance of summons, baseless claims of non-cooperation, template grounds...

Probation Completion Doesn't Entitle Automatic Confirmation; Work & Conduct Report Can Decide Suitability If ACR Not Available: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that confirmation and promotion cannot be claimed retrospectively and deferment based on adverse Work and Conduct Report does not amount to discrimination. Background Facts The High Court of Chhattisgarh published an advertisement to fill the post of...

Income Tax Act | Failure To Raise Timely Objection To Jurisdiction U/S 143(2) Bars Assessee From Challenging Assessment: Chhattisgarh HC

The Chhattisgarh High Court held that failure to raise a timely objection to jurisdiction under Section 143(2) of the Income Tax Act bars the assessee from challenging the assessment. Justices Sanjay K. Agrawal and Radhakishan Agrawal stated that the assessee also did not raise any objection regarding jurisdiction upon completion of his assessment. As such, the plea with regard to...

Chain Pulling By Railway Employee To Help Boarding: Doesn't Constitute Misconduct To Reduce Pay : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that mere chain pulling by a Railway employee without allegation or proof of absence of reasonable and sufficient cause does not constitute misconduct under Railway service rules. Background Facts The petitioner was employed as a Head Ticket Examiner with the...

Dependent Can Challenge Termination & Claim Service Benefits Of Missing Employee Who Is Presumed Dead After Seven Years: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that dependent wife of a missing government employee can challenge his ex-parte termination and claim the service benefits of the missing employee who is presumed dead after seven years. Background Facts The husband of Respondent was employed as a...

Pendency Of Criminal Case Doesn't Automatically Bar Continuation Or Conclusion Of Departmental Proceedings : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that pendency of a criminal case does not automatically bar the continuation or conclusion of departmental proceedings. Further the stay on disciplinary proceedings pending a criminal trial should only be for a reasonable period, and that the prolonged duration of...

Chhattisgarh High Court Takes Suo Motu Cognisance Of Blocking Of Bridge Pathway, Says Encroachers' Posing Direct Challenge To State

The Chhattisgarh High Court has taken suo-motu cognisance of a news item published in a Hindi daily which reported that the Dayalband Bridge— under which 15 families were living for 40 years, along with a demarcated footpath, was blocked by few people, who, having failed to initially purchase the land, erected an iron gate and boundary wall with a threatening note stating that those...

Input Tax Credit Not Admissible On Electricity Supplied To Township Maintained By Bharat Aluminium: Chhattisgarh High Court

The Chhattisgarh High Court has stated that the ITC is not admissible on electricity supplied to a township maintained by Bharat Aluminium. The bench, consisting of Chief Justice Ramesh Sinha and Ravindra Kumar Agrawal stated that Input Tax Credit (ITC) is not admissible on the electricity supplied to the township maintained by Bharat Aluminium/appellant. This is because such...

Daughter Not Entitled To Inherit Property Of Mitakshara Hindu Father Who Died Before 1956 If Son Is Alive: Chhattisgarh High Court

The Chhattisgarh High Court has held that as per the Mitakshara school of law, a daughter is not entitled to inherit the properties of her deceased Hindu father, who died prior to the year 1956 i.e. year of enactment of Hindu Succession Act, if son is alive.A Single Bench of Justice Narendra Kumar Vyas also clarified that a daughter can claim her right over such property in absence of son. In...

SIT Probe Into 'Anti-Naxal Operations' By Police Undermines Federal Structure, Permitted Only In Exceptional Cases: Chhattisgarh High Court

The Chhattisgarh High Court has held that anti-naxal operations, being part of regular counter-insurgency measures undertaken by State or Central Security forces, cannot be subjected to investigation by SIT, unless exceptional circumstances warrant such intervention. Permitting a SIT probe into regular field operations would not only undermine the federal structure of policing powers but also...

Examiners Of Electronic Evidence Are Crucial In Cyber Offence Probes, Delay In Appointment Affects Law Enforcement: Chhattisgarh High Court

The Chhattisgarh High Court has expressed concern over the absence of Examiners of Electronic Evidence for the State of Chhattisgarh, which is hampering the ability of law enforcement and judicial authorities to promptly address cyber offences.While dealing with a Public Interest Litigation seeking appointment of adequate number of Examiners of Electronic Evidence for the State, a Division...