Recovery Of Excess Payment From Retired Employee Impermissible Without Proof Of Misrepresentation: MP HC

Madhya Pradesh High Court: Justice Subodh Abhyankar quashed a recovery order issued against a retired Auxiliary Nurse Midwife, holding that excess payment cannot be recovered from retired government employees in the absence of misrepresentation or fraud. Following Supreme Court precedents, the court ordered refund of the recovered amount with 6% interest, emphasizing that recoveries...

NSA | Detention Can't Be Extended Merely For Crime Committed By Some Other Member Of 'Gang': MP High Court

Madhya Pradesh High Court has made it clear that 'gang' is not defined under the penal law and a person's preventive detention cannot be extended merely because his alleged gang member committed further crimes.While setting aside extension of Petitioner's detention under the National Security Act (NSA), the division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi observed,“There...

MP High Court Interim Order Permits Candidate With Pending Criminal Case To Appear For Nursing Entrance Exam Despite Bar In Admission Rules

Madhya Pradesh High Court recently directed the State to accept the admission form of a student leader, who was barred from applying for the post Basic B.Sc. and M.Sc. Nursing courses due to pending criminal cases. Justice Sanjeev Sachdeva and Justice Vinay Saraf stated that merely having pending criminal proceedings, without any conviction, should not disqualify a candidate from...

Police 'Clandestinely' Providing Closure Report To Accused Despite Prohibition In CrPC And RTI Act Is Serious Misconduct: Madhya Pradesh HC

While hearing a plea seeking recall of an order upholding the direction for registration of FIR against Petitioner, the Jabalpur Bench of Madhya Pradesh High Court expressed its concern at the "clandestine manner" in which police authorities provided certain documents to the Petitioner-accused, despite statutory prohibitions.In stating so, the high court observed that the "misconduct shown by...

Repatriation Of Deputationist Must Be Based On Valid Reasons, Cannot Be Done As Punishment: MP HC

Madhya Pradesh High Court: Justice Sanjay Dwivedi quashed the repatriation order of a Water Resources Department engineer from his deputation at the Narmada Valley Development Department, holding that repatriation must be based on valid administrative reasons and not used as a punitive measure. The court found the replacement of the petitioner with an officer facing corruption...

Judicial Interference In Departmental Promotion Committee Decisions Restricted; MP HC Clarifies Standards

Madhya Pradesh High Court at Gwalior: Justice Anil Verma dismissed the writ petition filed by M.H. Qureshi, a Junior Engineer (Electrical Safety), challenging his denial of promotion to the position of Assistant Engineer (Electrical Safety). The Court upheld the Departmental Promotion Committee's (DPC) decision, citing the petitioner's failure to meet the required benchmarks, and emphasized...

MP Civil Services (Pension) Rules | Departmental Enquiry May Continue After Retirement But Punishment Order Can Be Passed Only By Governor: High Court

Madhya Pradesh High Court at its Gwalior, quashed an order imposing penalty on a retired Forest Ranger Harivallabh Chaturvedi. The court held proper procedures under the Madhya Pradesh Civil Services (Pension) Rules, 1976 were not followed. The court stated that after a government servant retires, only the Governor can issue such punitive orders based on departmental inquiries.The Court,...

One Year's Service Completion Sufficient For Pension Benefits, Orders Arrears With Interest: Madhya Pradesh HC

Madhya Pradesh High Court: A bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain, addressed a series of writ petitions concerning retired employees who sought the grant of annual increments before superannuation. The Court ruled in favor of the petitioners, directing the State to provide annual increments due to employees retiring either on 30th June or 31st December...

Issuance Of Notice To Parties A Part Of Fair Hearing Rule, Must Be Adhered To In Property Mutation Proceedings: Madhya Pradesh HC Reaffirms

Stressing on the importance of issuing notice in property mutation proceedings, the Gwalior bench of the Madhya Pradesh High Court reaffirmed that issuance of notice–an essential component of fair hearing rule, ensures that adequate opportunity is given to the parties to appear in any proceeding–whether before court or a competent authority.In doing so the high court observed that...

Immature Approach By IO In Murder Probe By Not Sending Seized Material For Forensic Exam And Then Presuming Its Findings: Madhya Pradesh HC

While granting bail to man accused of murder due to lack of material–other than circumstantial evidence, connecting him to the alleged crime, the Indore bench of the Madhya Pradesh High Court expressed its discontent over the "immature approach" adopted by the Investigating Officer in the probe. A single judge bench of Justice Subodh Abhyankar in its order noted the State's submission that...

S.125 CrPC Not Meant To Create An Army Of Idle People Waiting For Maintenance To Be Awarded From Income Of Other Spouse: MP High Court

The Madhya Pradesh High Court has reiterated that provision of maintenance under Section 125 CrPC was not framed by the law makers to create an "army of idle or inactive people", waiting for maintenance to be awarded from the income of the other spouse."It is nowhere manifested that able and well qualified lady has to be always dependent upon her spouse for her maintenance,” Justice...

Pro-Pakistan Sloganeering Case | Salute National Flag 21 Times Saying 'Bharat Mata Ki Jai': MP High Court's Bail Condition For Accused

The Madhya Pradesh High Court on Tuesday granted bail to a man accused of shouting 'Pakistan Zindabad Hindustan Murdabad' slogan on the condition that he shall salute the National Flag 21 times, twice a month, while raising the slogan "Bharat Mata ki Jai"A bench of Justice Dinesh Kumar Paliwal put this condition while granting bail to Faizal @ Faizan, booked under Section 153A IPC, noting...