Patna HC Quashes ₹22 Lakh Recovery From Retd University Employee, Says Pay Scale Cannot Be Reduced 12 Years After Retirement Without Notice

The Patna High Court has quashed a pay verification certificate reducing the pay scale of a retired university employee and directing recovery of over Rs. 22 lakh from his retiral dues, holding that such action could not be taken 12 years after retirement without notice or opportunity of hearing. A Single Judge Bench of Justice Ritesh Kumar was hearing a writ petition filed by a retired...

“Farmer Who Feeds Entire Nation Cannot Be Left To Fend For Himself”: Patna HC Directs Steps For Crop Loss Compensation To Farmers

The Patna High Court has observed that farmers who suffer crop loss due to natural disasters cannot be denied compensation on procedural grounds, emphasising that “the farmer who feeds the entire nation cannot be left to fend for himself when natural disaster strikes his field.” A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a writ...

“Vacancy Of Librarian Is Not Administrative Choice But Failure Of State's Duty To Provide Educational Infrastructure”: Patna HC

The Patna High Court has expressed serious concern over large-scale vacancies of Librarians, Deputy Librarians and Assistant Librarians across universities in Bihar, observing that absence of librarians causes a “functional breakdown” in the academic health of educational institutions. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a writ...

'Evaluation In Tender Matters Is Based Entirely On Documents Furnished By Bidder': Patna HC Upholds Disqualification Over Inconsistent Eligibility Disclosures

The Patna High Court has upheld the disqualification of a contractor from a tender process, holding that bidders are under an obligation to make “reliable and consistent” disclosures regarding eligibility-related particulars and that contradictory disclosures may amount to misrepresentation. A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ...

Patna High Court Restores 'Y+' Security To MP Pappu Yadav, Says Order Downgrading Protection Was 'Arbitrary & Whimsical'

The Patna High Court has set aside the Bihar Government's decision downgrading the security cover of sitting MP Rajesh Ranjan @ Pappu Yadav from 'Y+' to 'Y' category, holding that the decision was arbitrary, unsupported by relevant material, and taken without following principles of natural justice.A Single Judge Bench of Justice Jitendra Kumar was hearing a writ petition filed by the...

Merely Stating Caste Name Or Using Abusive Language Won't Attract SC/ST Act If Not In Public View: Patna High Court

The Patna High Court has quashed criminal proceedings under the SC/ST (Prevention of Atrocities) Act and IPC provisions, holding that the prosecution appeared to be a “counterblast” to an earlier dowry harassment complaint filed by one of the accused against her husband and in-laws. A Single Judge Bench of Justice Anil Kumar Sinha was hearing an application seeking quashing of the order...

Being On Bail Does Not Disqualify Convict From Seeking Premature Release: Patna High Court

The Patna High Court has held that a convict's application for premature release can be considered even if the convict is on bail, as eligibility depends on the total sentence served and not only on the period of physical incarceration. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a criminal appeal where the Court was examining the refusal to...

Mutating Private Names Over Govt Land Amounts To Creating 'Parallel Revenue Documents': Patna HC Upholds Dismissal Of Clerk

The Patna High Court has upheld the dismissal of a Revenue Clerk accused of mutating names of private persons over government land, observing that the misconduct amounted to creation of “parallel revenue documents” inconsistent with official revenue records. A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging a Single Judge...

Patna HC Flags 'Human Rights Violation' In Keeping Recovered Mental Health Patients In Hospitals Due To Lack Of Half-Way Homes

The Patna High Court has observed that compelling recovered mental health patients to continue staying in mental hospitals because of lack of space in half-way homes amounts to a recognised violation of human rights under the Mental Healthcare Act, 2017. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu matter concerning mental...

Article 226 Cannot Be Invoked On Mere Apprehension Of Tender Disqualification Without Actual Legal Injury: Patna High Court

The Patna High Court has held that a writ petition under Article 226 of the Constitution cannot be maintained merely on the basis of an apprehension that a bidder may be disqualified from a tender process, particularly when the bidder has neither participated in the tender nor suffered any actual adverse action.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh observed...

'Labour Law Is Charter Of Human Rights At Workplace, Govt Cannot Play “Hide & Seek” With Employees': Patna HC Restores Back Wages

The Patna High Court has held that where a Labour Court award directing reinstatement with full back wages remains unchallenged, the executing order passed under Section 33C(2) of the Industrial Disputes Act for computation of such dues cannot be interfered with in a manner that nullifies the original award. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was...

Bidder Has No Enforceable Right To Challenge Tender Disqualification After Expiry Of Bid Validity Period: Patna High Court

The Patna High Court has held that once the validity period of a tender bid expires, no enforceable or workable relief can be granted to a bidder in a challenge to technical disqualification, even if allegations of wrongful rejection are raised. The Court observed that after expiry of the bid validity period, adjudication on the merits of the disqualification becomes “largely academic.”...