Ad Hoc Promotion Made In Excess Of Quota, As Stop-Gap Arrangement, Doesn't Confer Any Right To Claim Seniority: Himachal Pradesh High Court

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin C. Negi held that ad hoc promotion made in excess of prescribed quota and as a stop-gap arrangement does not confer any right to claim seniority from the date of such ad hoc service.Background Facts The appellant was an employee of the Himachal Pradesh State Electricity Board (HPSEB). She was promoted on an ad hoc basis to the post of Clerk on 28.06.1991. This...

State Cannot Escape Liability For Unsafe Road Repair Work: Himachal Pradesh High Court Upholds Compensation For Youth Killed In Accident

The High Court of Himachal Pradesh has upheld compensation awarded to the mother of a 25-year-old man who died in a motorcycle accident caused by unsafe road repair work on National Highway-20, holding the State authorities and contractor negligent for failing to install warning signboards and adequate safety measures at the site. The Court observed that it was the duty of the authorities...

Service Rendered On Higher Post In Different Spells Must Count For Increment Benefits: HP High Court

The Himachal Pradesh High Court held that a government employee who officiated on a higher post in different spells cannot be denied increment benefits under Fundamental Rule 26 merely because the service was not continuous. The Court observed that once the State had granted salary benefits for the period spent on the higher post, the same duration was also required to be counted for...

Truthful Reporting Of FIR Not Defamation: Himachal Pradesh High Court Quashes Complaint Against Journalist

The High Court of Himachal Pradesh has quashed criminal defamation proceedings initiated against a journalist and a local businessman over publication of a news report based on a police complaint, holding that truthful reporting of facts contained in an FIR does not constitute defamation under Section 500 IPC. The Court observed that complaints made before lawful authorities are protected...

Selling Matrimonial House By Itself Cannot Amount To Dowry Harassment U/S 498A IPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that merely selling the matrimonial house cannot, by itself, be treated as an act of dowry harassment under Section 498-A of the Indian Penal Code. Justice Sandeep Sharma noted that: “In status report, it has come that matrimonial house of the complainant situate at Delhi was sold by the petitioners, but such act, if any, cannot be construed to be act...

HP Govt Can Create Separate Sub-Cadre For CBSE Schools, Select Teachers Through Written Test & Counselling: High Court

The Himachal Pradesh High Court upheld the State Government's policy creating a separate sub-cadre of teachers for CBSE-affiliated government schools and mandating selection through written examination and counselling for in-service teachers.The Court noted that the policy ensures a fair, transparent, and merit-based mechanism of selection, and falls within the executive powers of the State...

ASHA Workers Cannot Be Disqualified From Panchayat Posts Merely For Receiving Incentives: HP High Court Stays Govt Clarification

The Himachal Pradesh High Court stayed a State Government clarification that treated ASHA workers as part-time employees and consequently disqualified them from being elected as office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.A Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma remarked that: “a prima facie case is...

S.81 IPC | Bus Driver Cannot Claim 'Necessity' Defence After Crushing Two Persons To Save Cyclist: HP High Court

The Himachal Pradesh High Court held that the defence of necessity under Section 81 IPC cannot be invoked where the accused, while allegedly attempting to avoid harm to one person, ends up causing greater harm to others. Observing that the doctrine permits infliction of lesser harm to prevent a greater one, the Court rejected its application in a case where the accused's act resulted in the...

Mandatory Injunction Not Automatic Even If Encroachment Proved; Can Be Denied For Plaintiff's Unfair Conduct: HP High Court

The Himachal Pradesh High Court held that even where a demarcation report clearly establishes encroachment, grant of mandatory injunction is not automatic. Emphasising the equitable nature of such relief, the Court ruled that it may be denied where the plaintiff's conduct is found to be unfair or based on false pleadings. The Court remarked that injunction being a discretionary remedy under...

“Why Step-Motherly Treatment?”: HP High Court Questions Centre Over Shimla's Exclusion From UDAN Scheme

Himachal Pradesh High Court, questioned the Union Government over the exclusion of Shimla from the Regional Connectivity Scheme (UDAN) and observed that the hill State appeared to have been subjected to “step-motherly treatment” in the matter of air connectivity. Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin C. negi remarked that: “Keeping in view the contrasting...

Illegal Mining | Police Can Probe Theft Under IPC, But MMDR Offences Require Authorised Complaint: HP High Court

The Himachal Pradesh High Court has held that while the police are competent to register and investigate cases of theft of illegally extracted minerals under the Indian Penal Code, cognizance of offences under the Mines and Minerals (Development and Regulation) Act, 1957 cannot be taken on a police report and must be based on a complaint by an authorised officer.Justice Rakesh Kainthla...

Order 8 Rule 1-A CPC | HP High Court Refuses Belated Production Of Public Documents, Cites Lack Of Due Diligence

The Himachal Pradesh High Court held that a defendant cannot be permitted to introduce certified copies of Jamabandi and mutation records at a belated stage after the conclusion of evidence, particularly when such documents are public in nature and presumed to be within his knowledge. The Court observed that no satisfactory explanation was furnished for the failure to produce these...