Patna High Court
Education Department's 2013 Resolution Binding; Retrenchment Period Must Be Counted For Pension Calculation: Patna HC
Patna High Court: A single judge bench consisting of Justice Harish Kumar held that for a former Adult Education Project Employee who was later absorbed into the Integrated Child Development Services (ICDS), retrenchment periods must be counted for pension calculation. Relying on a 2013 Resolution of the Education Department, the court held that retrenchment period must be counted on...
JJ Act | Children Are Future Of Society, Punitive Approach Towards Juveniles Self-Destructive: Patna High Court
Patna High Court has set aside the conviction and sentence of a juvenile under the Arms Act, holding that the Juvenile Justice (Care and Protection of Children) Act, 2000 is based on the belief that children are the future of society and, if they go into conflict with law under some circumstances, they should be reformed and not punished. Justice Jitendra Kumar observed,“the J.J. Act, 2000...
Private College Teachers Appointed Prior To April 2007 Entitled To Salary Grants: Patna HC Directs State To Complete Exercise In 3 Months
The Patna High Court has held that all teachers of private degree colleges in Bihar appointed prior to April 19, 2007 are entitled to receive salary grants from the State Government, irrespective of whether their colleges had been funded by deficit grants or performance-based grants.A division bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy in its order said:“the...
Patna High Court Weekly Roundup: May 05 - 11, 2025
Citations: 2025 LiveLaw (Pat) 46 To 2025 LiveLaw (Pat) 51NOMINAL INDEXAvanish Kumar Singh v. The State of Bihar & Ors. 2025 LiveLaw (Pat) 46 CTS Industries Limited vs. Directorate General of GST Intelligence 2025 LiveLaw (Pat) 47 Dr. Mamta Sinha vs. The State of Bihar & Anr. 2025 LiveLaw (Pat) 48 Siddartha Travels v. Principal Commissioner of CGST and Central Excise & Ors....
For Mere Unauthorised Absence, Punishment Of Compulsory Retirement Too Harsh: Patna HC
Patna High Court: A single judge bench consisting of Justice Purnendu Singh quashed an order that imposed compulsory retirement on a CISF constable for allegedly misbehaving at work. The court held that the punishment was disproportionate, and further directed the Disciplinary Authority to impose a lesser punishment. The court explained that a disproportionate penalty attracts Article 21...
Outsourcing In Govt Depts Must Comply With Labour Laws: Patna HC Upholds 2019 Memo Allowing Contractual Assistants To Remain In Service
The Patna High Court has directed District Magistrate of Purnea to post 22 contractual executive assistants, appointed under the Bihar Prashashanik Sudhar Mission (BPSM) whose services were stopped due to paucity of funds, in vacant posts in other departments of the state government. In doing so the court upheld a 2019 notification as per which Executive Assistants were entitled to remain...
Patna High Court Upholds ₹25 Lakh Service Tax Demand Against Travel Agency Which Failed To Disclose Transactions & Claimed Records Were Lost In Fire
The Patna High Court has recently upheld a service tax demand of ₹25.25 lakh against a travel agency, dismissing its defence that crucial business records had been lost in a fire. The Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Ashok Kumar Pandey observed, “this petitioner having surrendered his service tax registration had not disclosed the transactions in ST-3....
All Conviction, Bail-Related Judgments Must Carry Coversheet Informing About Free Legal Aid Facilities: Patna High Court
The Patna High Court has issued a Circular directing all courts under its jurisdiction to attach a coversheet to judgments involving conviction, dismissal or reversal of acquittal, or bail application dismissal, informing the affected party of their right to free legal aid for pursuing higher remedies.The above direction issued via a Circular Order dated 21 April 2025 follows the Supreme...
Patna High Court Quashes 22 Yrs Old Criminal Case Against Gynaecologist Accused Of Involvement In Kidney Removal During Surgery
The Patna High Court has quashed all criminal proceedings against a female gynaecologist, in a long-pending medical negligence case dating back to 2003 whereby a railway employee alleged that his right kidney had been unlawfully removed during a surgery conducted at a private nursing home. The petitioner, Dr. Mamta Sinha, was accused solely on the basis of her presence in the operation...
Once Input Tax Credit Is Wrongfully Availed Due To Fraud Or Suppression, State Officer Can Issue Notice Even Without Central Action: Patna HC
The Patna High Court has upheld a tax assessment order passed by the State GST Authority, clarifying that once a Proper Officer determines that input tax credit has been wrongfully availed or utilized due to fraud or suppression of facts, they are empowered to issue a notice under Section 74(1) of the CGST/BGST Act, 2017. A Division Bench comprising Justice Rajeev Ranjan Prasad and...
Should Have Vacated Govt Quarter When He Ceased To Be MLA: Patna HC Rejects Politician's Plea Against Demand Of ₹20.98 Lakh Penal Rent
The Patna High Court dismissed an appeal moved by politician and former Bihar MLA Avanish Kumar Singh who claimed occupancy over a government bungalow despite resignation, observing that the moment he ceased to be an MLA he ought to have vacated the government quarter. A division bench of Justice P. B. Bajanthri and Justice Alok Kumar Sinha held that the petitioner's continued occupation...