Patna High Court
Compassionate Appointment Can't Be Quashed Merely Because It Was Made By An Incompetent Authority: Patna High Court
A single-judge bench of the Patna High Court comprising Justice Purnendu Singh has held that a compassionate appointment could not be quashed merely because the appointment was irregular.The Court was hearing a civil writ petition filed by the petitioner against the decision of the Secretary/Respondent that rejected his claim for continuity of service from the period of initial...
For No-Confidence Motion To Be Successful Against Adhyaksh/Upadhyaksh Of Zila Parishad, Only Majority Of Members Present & Voting Is Required: Patna HC Full Bench
A full bench of the Patna High Court comprising Chief Justice K. Vinod Chandran, Justice Ashutosh Kumar and Justice Harish Kumar held that for a motion of “no confidence” to be successful against an Adhyaksh or Upadhyaksh of Zila Parishad, the requirement is of the majority of the members present and voting and not majority of the total elected members.The High Court was examining...
BPSC Recruitment: Patna High Court Orders Parity In Grace Marks For Contract And Guest Teachers
The Patna High Court, in a recent directive to the state government, rooted for parity in the treatment of 'contract teachers' and 'guest teachers' within the Bihar Public Service Commission's (BPSC) recruitment processes. This directive has resulted in the temporary suspension of BPSC's Teachers Recruitment Exam (TRE)-3.In his ruling, Justice Anjani Kumar Sharan emphasised the similarity in...
PFI-Phulwari Sharif 'Conspiracy' | 'Prima Facie Case Made Out' : Patna HC Denies Anticipatory Bail To 6 Accused
The Patna High Court has denied anticipatory bail to six accused persons linked to the 'PFI-Phulwari Sharif Terror Module' case. The case concerns the alleged conspiracy to disturb Prime Minister Narendra Modi's July 2022 visit to Bihar.Considering the materials/evidence collected by the investigating agency in the present case, a bench of Justice Vipul M Pancholi and Justice Ramesh Chand...
Contracting Second Marriage May Be Lawful For A Muslim Man But It Causes 'Enormous' Cruelty To First Wife: Patna HC
The Patna High Court has observed that while it may be lawful for a Muslim male to contract a second marriage, however, it causes enormous cruelty to the first wife. A bench of Justice Purnendu Singh further added that it is a matter of common knowledge that women, regardless of their religion and socio-economic conditions, detest their husbands contracting a...
Seniority Considered From Date Of Absorption If Temporary Employee Absorbed Under Policy Containing Cutoff Date: Patna High Court
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha while deciding a Writ Petition in the case of Kuraisa Begum Vs. B. R. A. Bihar University & Ors has held when a temporary employee is absorbed under some policy containing a cut-off date, seniority is considered from the date of such absorption. Background Facts Kuraisa Begum (Petitioner) is...
No Recovery Can Be Made When Pay Is Wrongly Fixed Without Any Misrepresentation By Employee: Patna High Court
A single judge bench of the Patna High Court comprising of Justice Rajesh Kumar Verma while deciding a Writ Petition in the case of Bikrama Singh & Anr Vs. State of Bihar & Ors has held when there is no misrepresentation or fraud leading to wrong pay fixation or pay, no recovery can be made from employees. Background Facts Bikrama Singh (Petitioner No. 1) & Rajendra...
Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody
The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act (Burden of proving a fact, especially within knowledge) to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the...
Reference Under NHAI Act Dismissed For Default, Party Should Challenge Award Under Section 34 , Not By Writ : Patna High Court
The Bench of Justice Rajiv Roy of Patna High Court has held that a writ petition is not maintainable to challenge an order of Arbitrator dismissing reference under NHAI Act for default. It held that the aggrieved party should challenge the award under Section 34 of the Act. Facts The respondent (NHAI) had acquired the land of the petitioner after classifying it as 'Developing...
Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code (IPC). The case in question revolved around allegations of harassment and cruelty against the man (revisionist) even though he was not a relative of the husband of...
Husband Demanding Money From Wife's Parents For Maintenance Of His Newly Born Baby Not 'Dowry': Patna High Court
The Patna High Court has observed that if the husband demands money from the paternal home of the wife for rearing and maintenance of his newly born child, such demand does not come within the fold of the definition of 'dowry' as per Section 2 (i) of the Dowry Prohibition Act, 1961.A bench of Justice Bibek Chaudhuri observed thus while allowing a revision plea filed by a husband challenging...
Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court
A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.Background...