Prematurely Retiring An Employee During Pending Enquiry Without Due Process Amounts To Misconduct : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that prematurely retiring an employee during pendency of departmental enquiry on disputed records, without following due process, amounts to misconduct by the officers as it prejudices the employer's interest. Background Facts In the year 1980, employee was appointed as Senior Overman in Central Coalfields...

In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court

The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing...

Jharkhand High Court Raps BIT Mesra Over Dalit Student's Death, Grants ₹20 Lakh To Kin, Issues Guidelines To Prevent Ragging In Colleges

The Jharkhand High Court has awarded Rs.20 Lakh as compensation to be paid by BIT Mesra, Polytechnic College, to the parents of a 3rd semester student, who was allegedly subjected to casteist slurs in the name of Harijan/Dalit and multiple violent assaults leading to his death.Terming the incident as a "brutal assault", Justice Sanjay Prasad came down heavily on the College over their...

Temporary Employees Rendering Over 15 Years Of Continuous Service On Sanctioned Posts; Entitled To Pension Under Bihar Pension Rules : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that temporary employees who have rendered over 15 years of continuous service on sanctioned posts with regular pay are entitled to pension under Rule 59 of the Bihar Pension Rules, 1950 (as adopted by State of Jharkhand). Background Facts The petitioners were appointed on various sanctioned posts under the...

Order 6 Rule 17 CPC | Effect Of An Admission In Pleading Can't Be Diluted By Proposed Amendment At Appellate Stage: Jharkhand High Court

The Jharkhand High Court has held that an amendment to pleadings at the appellate stage cannot be allowed when the party seeking it fails to offer strong reasons for the delay and does not carry out the earlier permitted amendment during trial.Justice Sanjay Kumar Dwivedi, presiding over the case, observed that Order VI Rule 17 of the CPC confers a discretionary jurisdiction on the...

Party Delays In Filing Written Statement, But Trial Court Unnecessarily Blamed For Delay In Disposal Of Case: Jharkhand High Court

The Jharkhand High Court has recently dismissed a petition filed under Article 227 of the Constitution, holding that a challenge to earlier orders passed in a civil title suit could not be revived through repeated petitions once those orders had attained finality.The Court said in its Order that the petitioners had themselves invited the situation by failing to appear and file their...

Jharkhand High Court Seeks DGP's Affidavit On Steps Taken To Implement Beef Ban In State

The Jharkhand High Court has sought a personal affidavit of the Director General of Police with regard to action taken on earlier directions including steps taken to prohibit sale of bovine meat in markets like Qureshi Mohalla as well as other parts of Ranchi, wherein slaughter of bovine animals is prevent under State Law.The court was hearing a PIL filed to prohibit the illegal culling...

'Disturbing; Attempt To Know Privileged Communication': Jharkhand HC Stays Railway Police Summons To Accused's Lawyer

The Jharkhand High Court on Friday termed it as 'really disturbing' and 'unfortunate' that an investigation officer had issued summons to a defence lawyer in connection with a case wherein he represented the accused. Taking strong exception to a summons issued to a Dhanbad-based advocate [Agniva Sarkar] under the Railway Property (Unlawful Possession) Act 1996, a bench of Justice...

Jharkhand High Court Dismisses PIL Seeking SIT Probe Into BJP MP Dhullu Mahto's Assets

The Jharkhand High Court has dismissed a PIL seeking constitution of a Special Investigation Team (SIT) to probe allegations of disproportionate assets and benami properties against the BJP MP from Dhanbad, Dhullu Mahto.A Division Bench comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar held that the petition was not maintainable, stating that similar allegations had already...

Healthy Judiciary Built Not Just On Rules But Also Mutual Respect Between Bench And The Bar: Jharkhand HC CJ Tarlok Singh Chauhan Sworn-In

Justice Tarlok Singh Chauhan was sworn in as Chief Justice of Jharkhand High Court on Wednesday (July 23). Governor Santosh Kumar Gangwar administered the oath of office during a ceremony held at Raj Bhavan in Ranchi.Justice Chauhan was serving as the second senior-most judge of the Himachal Pradesh High Court before his elevation as Jharkhand High Court's Chief Justice. His name was...

Jharkhand High Court Delivers Split Verdict On Death Penalty Given To Two Alleged Naxalites For Murder Of 6 Policemen In 2013

Jharkhand High Court's division bench has delivered a split verdict on a referral from the trial court which awarded death sentence to two men alleged to be naxalites, in respect of a 2013 attack on a police team which resulted in the death of Pakur's Superintendent of Police at the time and five other police personnel. While Justice Rongon Mukhopadhyay acquitted the accused observing that...

Pay Protection Granted To Govt Employee In One Cadre Can't Be Used To Justify Claim For Seniority In Another Cadre: Jharkhand High Court

The Jharkhand High Court has ruled that pay protection or the counting of past service for pensionary benefits does not entitle a government employee to claim seniority in a different service/cadre to which they shift to voluntarily. A Division Bench of Justice Sujit Narayan Prasad and Justice Rajesh Kumar referred to Supreme Court's decision in Director of School Education v. A.N....