CCS Rules | Once Employee's Study Leave Is Sanctioned, State Can't Reduce Salary Based On Subsequent Amendment: HP High Court

The Himachal Pradesh High Court has held that once an employee was given study leave for pursuing a three-year LLB Degree course, he became entitled to full leave salary in terms of the unamended Central Civil Services (Leave) Rules.The Court clarified that the subsequent amendment, which reduced the leave salary to 40% could not be applied retrospectively to a leave that had already...

Employee Cannot Seek Promotion Merely Based On Eligibility, When Dept Promotion Committee Was Not Convened Before His Retirement: HP High Court

The Himachal Pradesh High Court held that an employee cannot claim promotion merely on the ground that he was found eligible, where the Departmental Promotion Committee was convened only after his retirement.The Court further stated that there is no vested right to promotion after superannuation in the absence of any mala fide delay on the part of the competent authority.Rejecting the...

NDPS Act | Non-Production Of Seal Used To Secure Recovered Contraband Does Not Vitiate NDPS Trial: HP High Court

The Himachal Pradesh High Court has held that a prosecution case under the Narcotic Drugs and Psychotropic Substances Act cannot be rejected merely because the seal used for sealing the recovered contraband was not produced before the Trial Court.Rejecting the contention of the accused, Justice Rakesh Kainthla remarked that: “There is unchallenged and trustworthy evidence that the case...

Mere Pendency Of FIR For Minor Offences Can't Be A Ground To Deny Compassionate Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the pendency of an FIR, particularly for petty offences, cannot be a valid reason to withhold compassionate appointment already approved by the competent authority.Justice Sandeep Sharma observed: “Till the time charge is not framed against the accused and he is not convicted by a competent Court of law, he is deemed to be innocent. If it is...

Himachal Pradesh High Court Weekly Round-Up: August 11, 2025 To August 17, 2025

Citation No: 2025 LiveLaw (HP) 122 to 2025 LiveLaw (HP) 128Nominal Index:Dr. Daljit Singh v/s State of H.P. & Ors., 2025 LiveLaw (HP) 122Sh. Kishori Lal and another v/s Smt.Darshna Devi., 2025 LiveLaw (HP) 123Abhishek Sharma v/s State of H.P. & Ors., 2025 LiveLaw (HP) 124State of H.P. V/s Manav Sharma., 2025 LiveLaw (HP) 125Kamini Sharma v/s State of Himachal Pradesh & Ors.,...

Taking Photographs Of A Woman Doesn't Satisfy Definition Of Stalking U/S 78 Of BNS: Himachal Pradesh High Court

The Himachal Pradesh High Court granted anticipatory bail to an industrialist, who was accused of allegedly taking photographs of the wife of a regional officer of the Himachal Pradesh State Pollution Control Board in an attempt to intimidate him.The Court reiterated that Section 78 of the Bharatiya Nyaya Sanhita deals with stalking and punishes a person who follows a woman and contacts her...

HP Co-Operative Societies Act | No One Can Be Condemned Unheard, Even If Act Does Not Have Provisions For Filing Objections: High Court

The Himachal Pradesh High Court held that even if the Himachal Pradesh Co-operative Societies Act, 1968, does not have specific provisions for filing objections in execution proceedings, the principles of natural justice must apply and the judgement debtor must be given an opportunity to be heard.Setting aside the order of Collector-cum-Deputy Registrar, Mandi Justice Ajay Mohan Goel...

Order VII Rule 11 CPC | Plaint Can't Be Rejected Due To Missing Khasra Numbers In Eviction Petition: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the omission of certain khasra numbers in an eviction petition does not amount to non-disclosure of cause of action and cannot be a ground for dismissal under Order 7 Rule 11 of the Civil Procedure Code.Rejecting the tenant's contention, Justice Ajay Mohan Goel remarked that: “Mere non-mention of certain khasra numbers per se cannot be so fatal...

Maternity Leave Sanctioned During Contractual Service Cannot Be Curtailed Due To Submission Of Fitness Certificate During Regularisation: HP HC

The Himachal Pradesh High Court held that maternity leave, sanctioned while an employee was on contractual service, could not be curtailed merely because she submitted a medical fitness certificate at the time of regularization. Quashing the State's order that cancelled the leave Justice Sandeep Sharma remarked that : “submission of Medical Fitness Certificate, could not have given any right...

When Purpose Of Police Remand Is Clearly Stated, Trial Court Can't Dictate Manner Of Probe: HP High Court Quashes Adverse Remarks Against Cops

The Himachal Pradesh High Court has set aside orders of a trial court, that refused policy custody of an accused in a communal violence case and also expunged adverse remarks made by the trial court that branded the investigation as “myopic” and “mala fide.”Setting aside the Trial Court's order Justice Virender Singh remarked that: “The purpose, for which, the police remand has...

HP High Court Denies Bail To Accused In ₹500 Crore Crypto Fraud, Says Public Interest Must Be Considered In Cases Involving Grave Economic Offences

The Himachal Pradesh High Court has denied bail to the accused involved in a ₹500-Crore Cryptocurrency Fraud Case, holding that economic offences of such huge magnitude, which have a deep-rooted conspiracy and cause massive public loss, must be viewed seriously, and mere prolonged custody or trial delay is not a sufficient ground for bail.Rejecting the Bail Application, Justice Sushil...

Court Cannot Direct Police To Ascertain Actual On-Ground Situation In Application For Police Assistance: HP High Court

The Himachal Pradesh High Court has held that a court, while deciding an application for police assistance, can only grant or refuse such assistance for implementing its order and cannot direct police officers to ascertain the actual situation on the spot.Justice Ajay Mohan Goel remarked that: “….by no stretch of imagination in such an application, the Court can direct an Officer or...