Personal Choice To Prepare For Competitive Exams Does Not Entitle Extension Of Professional Course: Himachal Pradesh High Court

Himachal Pradesh High Court held that a student's personal decision to prepare for a competitive examination and not appear for semester examination does not entitle them to an extension of the of the prescribed timeline for completion of a professional course.Justice Ajay Mohan Goel: “The petitioner himself chose not appear in the MBA 4th Semester examination, as he intended to prepare...

Claim For Seniority Not Maintainable When Transfer Order Expressly Forfeits Prior Service: Himachal Pradesh High Court

Himachal Pradesh High Court held that a claim for seniority can't be sustained, where the terms of transfer clearly provide that previous service will not be counted for seniority purpose.Justice G.S. Sandhawalia and Justice Ranjan Sharma: “Once the condition provided that earlier seniority would be forfeited, the claim for seniority in future could not have been made. If such a course...

Statutory Service Requirements Under Recruitment Rules Are Mandatory; Can't Be Overridden By Administrative Approvals : Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma, held that eligibility for promotion or recruitment through limited competitive examination must strictly comply with the statutory service requirement under the applicable service rules, and administrative approvals cannot override these mandatory...

State's Delay In Creating Posts, Can't Deny Regularization Rights To Contractual Employees: Himachal Pradesh High Court

Himachal Pradesh High Court held that State's delay in creating posts, can't defeat the contractual employees right to regularization once they fulfill the prescribed period of service under the State's regularization policy.Justice Satyen Vaidya: “Thus, had the posts been created within reasonable time, the petitioners would have been eligible for regularization even in terms of...

Himachal Pradesh High Court Receives Suicide Bomb Threat, Turns Out To Be Hoax

The Himachal Pradesh High Court today received a threat about the possible presence of suicide attackers with Improvised Explosive Devices (IEDs) at the Court premises. In response to the potential threat, the premises were promptly evacuated to ensure the safety of court staff and lawyers. Following the evacuation, the Shimla police, accompanied by a bomb disposal squad, carried out...

Judicial Review Can't Be Invoked To Override Recruitment Rules Framed By Competent Authority: Himachal Pradesh High Court

Himachal Pradesh High Court held that the eligibility conditions for a particular post are determined by the employer, and Courts can't modify them or frame new ones.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “Court under the garb of judicial review can't sit over the rules to decide what is best for employer”. Background Facts:The petitioner, Akhil, completed his...

Burden Lies On Employee To Justify Claim Under 'Equal Pay For Equal Work' Principle: Himachal Pradesh High Court

Himachal Pradesh High Court held that when an employee seeks the benefit of principle of equal pay for equal work, it is their duty to submit relevant data to support the claim.Justice Satyen Vaidya: “In order to seek benefits of principle of equal pay for equal work again, the petitioner was required to justify his stand by producing the relevant data” Background Facts:The...

Almost 2 Yrs Passed, Not A Single Witness Was Examined: HP High Court Grants Bail to NDPS Accused, Cites Violation Of Fundamental Rights

The Himachal Pradesh High Court, on Tuesday (June 3), granted bail to an individual accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing an undue delay in initiating the trial proceedings.The bench of Justice Rakesh Kainthla observed that the petitioner has remained in custody for one year and nine months. It was further observed that during this period, the...

Notice U/S 148 Of Income Tax Act Can't Be Issued Without Giving Proper Reasons: Himachal Pradesh High Court

Himachal Pradesh High Court held that a notice under Section 148 of Income Tax 1961 for initiation of reassessment proceedings, can't be issued by the assessing officer without giving proper reasons.“Section 148 enables the Assessing Officer to initiate reassessment proceedings where income chargeable to tax is believed to have escaped assessment”. Justice Tarlok Singh Chauhan &...

Himachal Pradesh High Court Reduces Sentence U/S 138 NI Act To 'Till Rising Of Court' On Full Payment Of Cheque Amount

Himachal Pradesh High Court Reduces Sentence to 'Till Rising of the Court' Under Section 138 of the Negotiable Instruments Act, Holding That While the Act Prescribes No Minimum Punishment, Sentence May Be Reduced Where the Accused Has Deposited the Entire Default Amount.Justice Virender Singh: “Considering the fact that under the Negotiable Instruments Act, no minimum punishment has...

CCS Pension Rules | Withdrawal Of Premature Retirement Notice Permissible Before Effective Date: Himachal Pradesh High Court

Himachal Pradesh High Court ruled that under Rule 43(6) of the Central Civil Services (Pension) Rules, 1972, an employee may withdraw a notice of premature retirement before it becomes effective, subject to the specific approval of the competent authority and upon giving valid reasons.“Rule 43(6) of the CCS (Pension) Rules, 1972, specifies that a government servant who has opted for...

Proper Verification Of Vote Counting Procedure Essential In Elections: Himachal Pradesh High Court

Himachal Pradesh High Court held that when questions arise regarding the proper conduct of vote counting procedures, it is essential to examine the relevant records to determine whether counting was conducted in accordance with the applicable rules.Justice Ajay Mohan Goel: “it would have been appropriate for the Authorised Officer to have had scrutinized the entire record to ascertain as...