Show Cause Lost Its Validity After Authority Executed Agreement Six Days Later: Patna High Court Sets Aside Contractor's Blacklisting

The Patna High Court has held that a show cause notice could not form the basis of a subsequent debarment order where the authority itself chose to execute an agreement merely six days after issuing the notice. Holding that debarment entails serious civil consequences, the Court set aside the order debarring the contractor for violation of the principles of natural justice.A Division Bench...

Centre Notifies Appointment Of Justice Sudhir Singh As Acting Chief Justice Of Patna High Court

The Central Government on Friday (July 10) notified the appointment of Justice Sudhir Singh as the Acting Chief Justice of Patna High Court, consequent to the retirement of incumbent Chief Justice Meenakshi Madan Rai on Saturday. A notification issued by the Ministry of Law and Justice reads as follows:"In exercise of the power conferred by Article 223 of the Constitution of India, the...

Legitimate Expectation Can't Override Tender Terms Or Compel State To Proceed With Unsanctioned Project: Patna High Court

The Patna High Court has held that the doctrine of legitimate expectation cannot override the express terms of a tender or compel the State to proceed with a project that lacks the requisite administrative approval and financial sanction.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing a writ petition filed by M/s Energy United India Private Limited...

Writ Maintainable Against Minority Aided School Where Breach Of Statutory Service Safeguards Is Alleged: Patna High Court

The Patna High Court has held that a writ petition is maintainable against a minority aided school where an employee alleges violation of statutory provisions governing service conditions. The Court observed that where breach of a statutory provision by a body discharging a public function or public duty is complained of, the dispute does not fall within the realm of a purely private...

S. 323 IPC | Merely Because Parties Were Enemies, Injured Witness's Testimony Can't Be Discarded: Patna High Court

The Patna High Court has held that prior enmity between parties, by itself, cannot be a ground to discard the prosecution case, particularly where the same also furnishes a plausible motive for the occurrence. Observing that the prosecution had proved the offence of voluntarily causing hurt despite failing to establish charges of attempt to murder and robbery, the Court upheld the conviction...

'Classic Example Of Improper, Lackadaisical Investigation': Patna High Court Acquits Murder Convict, Orders Probe Against Investigating Officer

The Patna High Court has acquitted a man convicted of murder, describing the case as a “classic example of improper, lackadaisical, and indifferent investigation” and directing an inquiry against the Investigating Officer for serious lapses in the investigation. The Court observed that the investigation suffered from glaring deficiencies, including failure to establish ownership of...

Bihar Agricultural University Statutes Operate Prospectively, Can't Convert 2011 Direct Recruitment Into Tenure Appointment: Patna High Court

The Patna High Court has held that the Bihar Agricultural University Statutes, 2010, notified in 2017, cannot be applied retrospectively to convert a substantive appointment made through direct recruitment in 2011 into a tenure appointment. The Court observed that unless a statute expressly or by necessary implication provides for retrospective operation, it is presumed to operate...

'Vague Allegations': Patna High Court Dismisses PIL Challenging Award Of ₹28,000-Crore Pirpainti Thermal Power Project To Adani Group

The Patna High Court has dismissed a Public Interest Litigation challenging the award of the Pirpainti Thermal Power Project to the Adani Group, holding that the allegations raised in the petition were “vague” and “nebulous” and did not warrant interference in a policy decision of the State. The Court further observed that the petition did not qualify as a genuine public...

Disciplinary Authority Must Exercise Independent Judgment, Not Act Under Dictates Of Other Authorities: Patna High Court

The Patna High Court has upheld a Single Judge's decision setting aside the removal of a Punjab National Bank employee from service, holding that a disciplinary authority vested with statutory discretion must exercise its powers independently and not under the dictates of another authority. The Court observed that where the disciplinary authority fails to independently apply its mind...

Patna High Court Refuses To Quash FIR Against Jan Suraaj Leader Naj Ahmed Khan, Says Allegation Of Mala Fides 'Doesn't Cut Much Ice'

The Patna High Court has held that mere allegations of political rivalry or mala fides cannot be a ground to quash an FIR when its contents disclose commission of cognizable offences. The Court observed that where the allegations in the FIR prima facie disclose the commission of offences, the case would not fall within the principles laid down by the Supreme Court in State of Haryana v....

State Cannot Summarily Cancel Longstanding Jamabandi, Civil Suit Only Remedy: Patna High Court Flags State's 'Autocratic' Action

The Patna High Court has held that the State cannot seek to cancel a longstanding jamabandi through summary proceedings and that its only remedy is to approach a competent civil court. Warning the authorities against disregarding settled judicial precedent, the Court observed that any attempt to proceed otherwise would be treated as contemptuous.A Single Judge Bench of Justice Sourendra...

Bihar Tender Scam | Media Cannot Portray Accused As 'Scamster', 'Mastermind' Before Trial: Patna High Court

The Patna High Court has restrained print, electronic, digital and social media platforms from portraying Bihar contractor Rishu Shree as guilty in connection with the alleged tender scam being investigated by the Special Vigilance Unit (SVU). The Court observed that while media is free to report factual developments relating to the case, imputing criminal liability upon an accused...