Jharkhand High Court
Pension Can't Be Withheld On Basis Of Single Instance Of Irregularity; Entire Service Must Be Found Thoroughly Unsatisfactory: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar held that the pension of an employee cannot be withheld based on a single instance of irregularity, it requires that employee committed grave misconduct and his entire service was thoroughly unsatisfactory. Background Facts The employee (Respondent) joined the...
Jharkhand High Court Directs Withholding Of Transport Officer's Salary For Non-Payment Of Employee's Pension, Retiral Dues
The Jharkhand High Court has, in an unusual development, ordered withholding of the salary of the District Transport Officer, Palamau for failure to comply with directions to pay retiral dues, warning that continued non-compliance would result in similar action against the Deputy Commissioner-cum-Secretary, Regional Transport Authority.A Single Judge Bench of Justice Ananda Sen was hearing...
Chhotanagpur Tenancy Act | Pre-1947 Transfers Not Hit By Section 46; 45-Year Delay Bars Restoration: Jharkhand High Court
The Jharkhand High Court set aside the orders allowing restoration of land under the Chhotanagpur Tenancy Act, holding that (i) Section 46 is inapplicable to transfers made prior to its introduction in 1947, (ii) a restoration application filed after 45 years is barred under Section 71, and (iii) title established through a registered patta, civil court decree, and final record-of-rights...
Tenure Of CGRF Members Must Be Considered For Extension Before Issuing Fresh Recruitment: Jharkhand High Court
The Jharkhand High Court has held that failure to consider extension of tenure of members of Consumer Grievance Redressal Forums (CGRFs) in accordance with statutory regulations, and issuing fresh recruitment advertisements without reasons, undermines the independence and impartiality of such bodies. A Single Judge Bench of Justice Ananda Sen was hearing a writ petition seeking quashing...
'Inconsistent Exaggerations & Contradictions': Jharkhand High Court Sets Aside Death Penalty, Acquits Two In Multiple Murder Case
The Jharkhand High Court has acquitted two accused persons in a multiple murder case, setting aside their conviction and death sentence, holding that where eyewitness testimony is riddled with “incoherent, inconsistent exaggerations and contradictions,” it would be unsafe to sustain conviction. The Court emphasised that when identification of the accused and their participation in the...
Appeals Filed Beyond 90 Days Under NIA Act Impermissible; Limitation Act Inapplicable: Jharkhand High Court
The Jharkhand High Court has held that criminal appeals filed beyond the outer limit of 90 days prescribed under Section 21(5) of the National Investigation Agency Act, 2008 are not maintainable, observing that courts cannot condone delay beyond the maximum statutory period fixed by the special statute. The Court clarified that the Limitation Act, 1963 cannot be invoked to extend the...
'Mere Delay In Trial Cannot Be Used As Grounds For Bail': Jharkhand High Court Refuses Bail To UAPA Accused
The Jharkhand High Court recently refused to grant bail to an accused booked under the Unlawful Activities (Prevention) Act, 1967, observing that mere delay in trial or prolonged custody cannot by itself be a ground for granting bail.A Division Bench of Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary was hearing an appeal filed under Section 21(1) of the National...
Jharkhand High Court Orders CBI Probe Into FIR Against ED Officers Over Alleged Assault On Accused At Ranchi Office
The Jharkhand High Court has refused to quash an FIR registered by the Jharkhand Police against officials of the Enforcement Directorate (ED), while directing that the investigation be transferred to the Central Bureau of Investigation (CBI) to ensure a fair probe. The case concerns allegations relating to an incident that took place at the ED's Ranchi Zonal Office during the questioning of...
Jharkhand HC Upholds Labour Court's Power To Modify Punishment Even After Fair Enquiry, Grants Full Back Wages To Deceased Workman's Heirs
The Jharkhand High Court has held that even where a domestic enquiry is found to be fair and proper, the Labour Court/Industrial Tribunal is not barred from examining whether the punishment imposed is disproportionate, and may mould the relief under Section 11A of the Industrial Disputes Act, 1947.A Single Judge Bench of Justice Deepak Roshan was hearing a writ petition filed by the...
State's Attempt To Stall Compliance Of Orders By Citing Proposed SLP Before SC 'In Bad Faith': Jharkhand High Court Cautions Officers
The Jharkhand High Court has held that seeking adjournment on the ground of filing a Special Leave Petition before the Supreme Court, particularly when urgent mentioning was not allowed, reflects lack of bona fides and amounts to non-compliance with judicial orders. Justice Gautam Kumar Choudhary observed that the State's conduct in seeking adjournment on such grounds showed “bad...
Jharkhand High Court Issues Directions For Bio-Medical Waste Management; Says Lax Enforcement Threatens Public Health & Violates Article 21
The Jharkhand High Court has issued a slew of directions in a public interest litigation concerning bio-medical-waste, emphasising the need for strict enforcement of the statutory framework governing handling and disposal of biomedical waste in the State.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing the PIL filed by the Jharkhand Human...
Jharkhand High Court Orders No Coercive Action Against Advocate In Road Accident Cross-FIR
The Jharkhand High Court has granted interim protection to Advocate Manoj Tandon, who is accused in cross-FIRs arising out of a road accident incident in Ranchi, and stayed further proceedings in the case while observing that both cross-cases arising out of the same occurrence must be investigated by a single investigating officer.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was...