Patna High Court
Mere Involvement In Routine FIR Not Sufficient Ground To Refuse Arms Licence Unless Threat To Public Safety Established: Patna High Court
The Patna High Court has held that mere involvement or registration of a routine FIR against an applicant cannot, by itself, constitute a ground for outright refusal of an arms licence unless there is material showing misuse of arms, violence or a direct threat to public safety.A Single Judge Bench of Justice Alok Kumar was hearing a writ petition filed by a builder and Director of...
Deficiencies And Lapses In Supervision And Record-Keeping By State Department Is No Ground To Deny Contractor Payment: Patna High Court
The Patna High Court has held that a contractor cannot be denied payment for work already completed merely due to procedural, technical or administrative lapses attributable to departmental authorities.A Single Judge Bench of Justice Smt. G. Anupama Chakravarthy was hearing a writ petition filed by a Class-II registered contractor challenging the rejection of his claim for payment of pending...
Recognition Application Pending Since 2014: Patna High Court Directs Fresh Consideration Of Sanskrit School's Claim Within 3 Months
The Patna High Court has directed the Bihar Sanskrit Shiksha Board to reconsider the recognition application of a Sanskrit school, which had remained pending since 2014, and complete the entire exercise within three months in accordance with the prescribed rules.A Single Judge Bench of Justice Harish Kumar was hearing writ petitions filed by teaching and non-teaching employees of Jhotan...
Mere Registration Of FIR Not Ground To Cancel PDS Licence: Patna High Court
The Patna High Court has held that mere registration of an FIR against a Public Distribution System (PDS) dealer cannot, by itself, constitute a valid ground for cancellation of the dealer's licence.A Single Judge Bench of Justice Smt. G. Anupama Chakravarthy was hearing a writ petition challenging the cancellation of the petitioner's PDS licence by the Sub-Divisional Officer, Hajipur, which...
Participating In Tender “Under Protest” Cannot Justify Challenge To Conditions After Unsuccessful Bid: Patna High Court
The Patna High Court has held that merely participating in a tender process “under protest” does not justify a subsequent challenge to the tender conditions after the bidder's bid has been rejected.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a writ petition filed by Adyaraj Developers Pvt. Ltd. challenging an eligibility...
Subsequent Conferment Of Transfer Power On Vice-Chancellor Can't Validate Earlier Transfer Order: Patna High Court
A Division Bench of the Patna High Court comprising Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma held that a transfer order passed by the Vice-Chancellor before he had such power to transfer employees, cannot be validated by a subsequent amendment. Background Facts The respondent was initially appointed as Junior Scientist-cum Assistant Professor, Microbiology...
Patna High Court Recommends Reforms In Prison Manual, Calls For Hearing Before Remission Seizure, Safeguards For Illiterate Prisoners
The Patna High Court has recommended a series of reforms to the remission framework under the Bihar Prison Manual, 2012, including safeguards against arbitrary seizure of remission, fixed timelines for processing premature-release cases and measures to ensure that illiterate prisoners are not disadvantaged by educational or vocational criteria. A Division Bench comprising Justice...
Patna High Court Expunges DM's Remark Against Scholar Stating He Had 'Mentality To Harass SC/ST Persons', Warns Against Personal Comments
The Patna High Court has cautioned quasi-judicial authorities against making personal, irrelevant or biased remarks against litigants, after a District Magistrate described a Sanskrit scholar as appearing to have a “mentality to harass” persons belonging to the SC/ST community. A Single Judge Bench of Justice Alok Kumar was hearing a petition filed by Dr. Dev Narayan Jha...
'Surprising': Patna High Court Grants Bail To Juveniles Who Drove From Assam To Patna While Carrying 65-Kg 'Ganja', Orders Inquiry
The Patna High Court has granted bail to two juveniles apprehended with over 65 kg of ganja, while directing an inquiry into how they allegedly travelled from Guwahati, Assam to Patna carrying commercial quantity of contraband without identification or vehicle documents. A Single Judge Bench of Justice Arun Kumar Jha was hearing two criminal revision petitions arising from a DRI case...
Uncorroborated Newspaper Report Not Substantive Evidence Of Misconduct In Departmental Inquiry: Patna High Court
The Patna High Court has held that an uncorroborated newspaper report cannot constitute substantive proof of misconduct in a departmental proceeding, particularly where the report is contradicted by contemporaneous official records.A Single Judge Bench of Justice Kumar Manish was hearing a petition filed by Pankaj Kumar challenging the departmental proceedings and punishment imposed upon...
Cognizance Orders Cannot Be Passed Mechanically By Filling Blanks On Printed Proforma: Patna High Court Flags Lack Of Application Of Mind
The Patna High Court has held that judicial orders cannot be passed mechanically by filling in blanks on a printed proforma, observing that even an order taking cognizance must reflect application of judicial mind.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a petition challenging the order dated 12.06.2018 passed by the Additional Chief Judicial Magistrate, Benipatti,...
Patna High Court Upholds 10-Year Blacklisting Of Contractor For False Work Experience Certificate
The Patna High Court has held that a personal hearing is not necessary where the contractor has been given an opportunity to respond through a show cause notice and his written explanation has been considered before passing the blacklisting order.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a petition filed by a contractor challenging...