Himachal Pradesh High Court
Calling A Person 'Gunda', Alleging 'Gunda Raj' Without Justification Amounts To Defamation: HP High Court Convicts Chief Editor Of Newspaper
The Himachal Pradesh High Court has held that calling a person “Gunda” and accusing him of disturbing the peace and spreading “Gundaraj” without any justification or basis amounts to defamation punishable under Section 500 of the Indian Penal Code.Justice Rakesh Kainthla: “Calling a person Gunda spreading Gundaraj, being a member of Shallow Theatre People without any justification,...
CCS Pension Rules | Pension Can't Be Arbitrarily Denied To Employees Under Old Scheme Who Were Transferred Without Break In Service: HP High Court
The Himachal Pradesh High Court has held that an employee can't be arbitrarily denied pension under old scheme when he was transferred through the proper channels and without any break in service.Justice Satyen Vaidya: “In the facts of the case in hand, petitioner also qualified other condition as he had been transferred to the borrowing employer through proper channel w.e.f. 15.11.2002...
Bonafide Requirement Must Be Seen On Date Of Initiation Of Eviction Process, Not During Pendency Of Proceedings: HP High Court
The Himachal Pradesh High Court held that the death of a landlord's son during the pendency of eviction proceedings does not affect the landlord's bona fide requirement for eviction, as the date for assessing such requirement is the date of filing the eviction petition and not during the pendency of the proceedings.The Court observed that eviction proceedings take time, and the landlord...
Ex-Parte Decree Can't Be Set Aside For Mere Irregularity In Serving Summons If Party Had Enough Time To Contest It: Himachal Pradesh High Court
The Himachal Pradesh High Court has set aside a Trial Court order which set aside an ex-parte decree, while holding that an ex parte decree can't be set aside merely on the ground of irregularity in service of summons if it is established that the other party had notice of the hearing date and sufficient time to contest the claim.Justice Satyen Vaidya said: “The second proviso appended to...
Drugs & Cosmetics Act | 'Rule-Making Power Lies Only With Centre': HP High Court Quashes SOPs By State Drug Controller
The Himachal Pradesh High Court has held that the State Drug Controller does not have the authority to issue an Office Order or Standard Operating Procedure, as rule-making power under the Drugs & Cosmetics Act lies exclusively with the Central Government.Justice Ajay Mohan Goel: “In this view of the matter, when the Rule making power is exclusively conferred upon the Central Government...
Clubbing Stay Of Employee At Different Postings For Transfer Purposes Doesn't Violate Definition Of “Transfer” Under State Rules: HP High Court
The Himachal Pradesh High Court has held that clubbing the period of stay for the transfer of employees does not violate the State's Transfer Policy or the statutory rules governing transfers. In holding thus, the court overruled an earlier conflicting judgment in Anurag Chadha v. State of Himachal Pradesh, 2023.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “We are at a...
'Govt Employees With Political Connections Not Being Given Hard/Tribal Postings Despite State's Transfer Policy': HP High Court
The Himachal Pradesh High Court has directed the State to ensure that transfers are made strictly in accordance with the transfer policy of the Government of Himachal Pradesh. The court emphasised that every government employee should be posted to a difficult area once during their service and that such postings should not be influenced by political relations.Justice Sandeep Sharma:...
Test Identification Parade Necessary When Accused Are Strangers To Witnesses: HP High Court Acquits Accused After 13 Yrs
The Himachal Pradesh High Court has acquitted multiple accused in a case of assault after 13 years, holding that when the accused are strangers to a witness, a test identification parade is necessary. It was held that failure to establish the identity goes to the root of the matter, as it raises a possibility that the accused was wrongly identified.Justice Sushil Kukreja held, “A bare...
Natural Justice Must Be Followed Even For Temporary Or Contractual Employees: Himachal Pradesh High Court
Himachal Pradesh High Court: A single judge bench consisting of Justice Sandeep Sharma set aside the suspension order of a data entry operator. The court ruled that a proper inquiry and show cause notice is mandatory before suspending an employee for misconduct. The court further clarified that natural justice principles must be followed even for temporary or...
Anticipatory Bail Can't Be Denied U/S 18 Of SC/ST Act When FIR Doesn't Mention Offence Was Due To Victim's SC Status: HP High Court
The Himachal Pradesh High Court has held that when an FIR does not mention that the offence against the victim, in this case rape, was because they belonged to a Scheduled caste commmunity, anticipatory bail can't be denied u/s 18 of the SC/ST Act, which bars the grant of anticipatory bail.Justice Virender Singh: “The FIR, in question, there is no reference with regard to the fact that...
State Can't Take Over Assets Of Private Educational Institutions Without Compensation: HP High Court Awards ₹1.76 Crores to Sanatan Dharam Sabha
The Himachal Pradesh High Court has held that even if the State is allowed to take over privately managed educational institutions, it can't do so without compensating the management for the immovable and movable assets developed by the private management. Justice Satyen Vaidya Observed: “The Himachal Pradesh Government notification dated 25.8.1994 allowing the state to take over...
Every Individual Has Fundamental Right To Career Progression, Resignation Or Request For NOC Can't Be Denied Arbitrarily : Himachal Pradesh HC
The Himachal Pradesh High Court bench comprising of Justice Jyotsna Rewal Dua held that an unwilling employee cannot be compelled to continue in service merely on the ground of staff shortage; every individual has a fundamental right to career progression, and resignation or request for NOC cannot be denied arbitrarily, especially when applicant is willing to serve the State as a...