Jharkhand High Court Weekly Round-Up: October 30 To November 5, 2023

Nominal Index [Citations: 2023 LiveLaw (Jha) 70-77]M/s Amar Saw Mill v. The State of Jharkhand & Ors. 2023 LiveLaw (Jha) 70Subodh Bara Babu @ Subodh Kumar Yadav vs The State of Jharkhand and Anr 2023 LiveLaw (Jha) 71Devendra Prasad Yadav v. Jharkhand Gramin Bank and Ors. 2023 LiveLaw (Jha) 72M/s LMB Sons Versus UOI 2023 LiveLaw (Jha) 73M/s Chotanagpur Diocesson Trust Asson. Versus UOI 2023 LiveLaw (Jha) 74Case Title: State through informant Sadhu Rai vs Mithu Rai and Others 2023 LiveLaw (Jha) 75Suresh Ram vs. The Union of India 2023 LiveLaw (Jha) 76Dr. Kumari Sandhya @ Kumari Sandhya v. State of Jharkhand & Ors 2023 LiveLaw (Jha) 77Judgements/Orders This WeekIndian Forest Act | Pending Criminal Case Does Not Halt Forest Authority's Right To Confiscate Wood Logs, Revoke Licenses: Jharkhand High CourtCase Title: M/s Amar Saw Mill v. The State of Jharkhand & Ors.LL Citation: 2023 LiveLaw (Jha) 70 In a recent case where a Writ Petition was filed to challenge the revocation of a sawmill license, the Jharkhand High Court said the competent authority under the Bihar Saw Mills Act, 1990 is empowered to revoke a license and confiscate timber when a licensee is unable to provide a valid explanation for unaccounted wood, even if the licensee is simultaneously facing a criminal case related to the illegal transportation of wood without the required documentation.Justice Sujit Narayan Prasad, while placing reliance on the Apex Court’s judgement in the case of State of Madhya Pradesh v. Uday Singh reported in (2020) 12 SCC 733, reiterated “This Court after applying the said principle herein which is para materia to the confiscation proceeding as available under the Indian Forest Act wherein also apart from the criminal prosecution the power of dealing with the license is also vested as would appear from the provision of Section 52 (5) of the Indian Forest Act.” Police Must Enquire Into Matter Before Registering FIR Against Public Servant Accused Of Offence Committed In Discharge Of Official Duty: Jharkhand HCCase Title: Subodh Bara Babu @ Subodh Kumar Yadav vs The State of Jharkhand and Anr LL Citation: 2023 LiveLaw (Jha) 71In a recent ruling, the Jharkhand High Court emphasized the duty of police officers to conduct thorough inquiries before registering First Information Reports (FIR) against public servants accused of offenses committed during the discharge of their official duties. Justice Subhash Chand held, “Herein it would be pertinent to mention that the accused is a public servant and while lodging F.I.R. against a public servant in regard to commission of any offence during discharge of his official duties, the police officer is duty bound to enquire into the matter before registering the F.I.R. The object behind this is only that there may not be frivolous or harassing allegations against any public servant with any ulterior motive or with any object of extortion.” Jharkhand High Court Sets Aside Termination Of Bank Employee For Mistakenly Crediting Money In Another Account, Says Punishment Too HarshCase Title: Devendra Prasad Yadav v. Jharkhand Gramin Bank and Ors.LL Citation: 2023 LiveLaw (Jha) 72 The Jharkhand High Court recently invalidated a 2015 termination order against a bank employee, criticizing the bank's inquiry report as "perverse" due to failure to provide pertinent documents to the petitioner-employee, who was accused of engaging in irregularities at the bank. The court also deemed the punishment of dismissal from service as excessively severe. Justice Dr. S.N. Pathak observed, “Be that as it may, having heard the rival submissions of the parties across the bar, it appears that punishment of dismissal is too harsh and disproportionate and as such, the same is fit to be quashed and set aside for the following facts and reasons: (I) Admittedly, non-supply of relevant documents caused serious prejudiced to the petitioner. It has been admitted by respondents that some of the documents were not available with the respondents and as such, the same could not be supplied to the petitioner. (II) When a particular document was relied upon by the delinquent, the same was to be served to him seeking his reply. In the case of non-supply of the same, the enquiry report would be termed to be perverse.”CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High CourtCase Title: M/s LMB Sons Versus UOI LL Citation: 2023 LiveLaw (Jha) 73The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law. The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses 14.10 of Master Circular No. 1053/02/2017-CX dated March 10, 2017, and Clause 4.3 of the Instructions dated November 18, 2021, issued by the CBIC, which provide ...

Jharkhand High Court Weekly Round-Up: October 30 To November 5, 2023

Bhavya Singh

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