Patna High Court
Dismissal For Allegedly Assaulting Colleague While Intoxicated “Extremely Disproportionate” Without Injury: Patna High Court
The Patna High Court has set aside the dismissal of a Bihar Police constable accused of assaulting another constable with a knife while intoxicated, finding that the departmental proceedings contained neither the alleged victim's testimony nor an injury report or medical evidence establishing intoxication.A Single Judge Bench of Justice Dr. Anshuman held that even if the constable's...
Can VC Reduce Punishment For Exam Impersonation Despite Rules Mandating Permanent Expulsion? Patna High Court Refers To Division Bench
The Patna High Court has referred to a Division Bench the question whether the Vice-Chancellor of a University has discretion to impose a lesser punishment where the University's Unfair Means Rules prescribe cancellation of admission and permanent expulsion for impersonation in an examination.A Single Judge Bench of Justice Harish Kumar expressed disagreement with the view taken by a...
Minor Students Are In Formative Stage; Schools Should Prefer Reformative Measures Over Expulsion: Patna High Court
The Patna High Court has held that a writ petition can be maintained against a private unaided school in matters concerning expulsion of a student, since an educational institution performs a public function while imparting education.A Single Judge Bench of Justice Harish Kumar said that although discipline in educational institutions is essential, schools must also remember that minor...
Presumption Of Innocence Not Lost Under POCSO Act: Patna High Court Acquits Man Sentenced To 20 Years
The Patna High Court has acquitted a man sentenced to 20 years' imprisonment under the Protection of Children from Sexual Offences Act, holding that the presumptions under Sections 29 and 30 of the Act cannot sustain a conviction when the prosecution has failed to establish the basic foundational facts of the offence.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Ramesh...
“Should Have Been Some Injuries If Five Accused Had Committed Rape”: Patna High Court Acquits Four, Sets Aside 22-Yr-Old's Conviction
The Patna High Court has acquitted four men convicted of gang rape, observing that if five accused had committed rape upon the victim one after another, there should have been some injuries on her body.A Single Judge Bench of Justice G. Anupama Chakravarthy set aside the 2004 conviction after finding that the medical evidence did not corroborate the oral testimony and that there were...
S.73(e) Of Bihar Excise Act Is Not Mandatory, Uses 'May' Instead Of 'Shall': Patna High Court Declines To Interfere In Liquour Seizure
The Patna High Court has held that Section 73(e) of the Bihar Prohibition and Excise Act, 2016 is not mandatory, noting that the legislature has used the word “may” and not “shall” in the provision.A Single Judge Bench of Justice Praveen Kumar made the observation while refusing to interfere with an order taking cognizance against a man for offences under Section 273 of the Indian...
Bihar Reservation Act Does Not Govern Reservation For Mukhiya Elections; Panchayat Raj Act Applies: Patna High Court
The Patna High Court has held that reservation in elections to the post of Mukhiya is governed by the Bihar Panchayat Raj Act, 2006 and not by the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991.A Single Judge Bench of Justice Partha Sarathy set aside the Caste Scrutiny Committee's decision and a...
'Right To Take Out Religious Processions Is Not Absolute': Patna High Court Refuses To Interfere With Restrictions On Mahabiri Julus
The Patna High Court has held that though the right to take out a religious procession is protected under Articles 19(1)(b) and 25 of the Constitution, the right is not absolute and is subject to reasonable restrictions, including those imposed for maintaining public order.A Single Judge Bench of Justice Alok Kumar refused to interfere with restrictions concerning a 'Mahabiri Julus' in...
'Govt Recognition' Means Recognition By Indian Authorities; Certificate From Nepal Institute Not Valid For PDS Licence: Patna High Court
The Patna High Court has held that where eligibility for a Public Distribution System (PDS) licence requires an educational certificate recognised by the “Government”, the expression refers to the Government of India or authorities within India or under its control.A Single Judge Bench of Justice Girijish Kumar upheld the rejection of a candidate whose computer certificate had been...
Bihar Teacher Transfer Rules Give Preference To Spouses In Govt Service For Posting At Same Place: Patna High Court
The Patna High Court has observed that the Bihar State Teachers Transfer Rules, 2026 specifically provide for preference in transfer where both spouses are in government service, and directed consideration of two teachers' requests for posting in the Patna Sadar Urban Region where their husbands work.A Single Judge Bench of Justice Harish Kumar directed the District Establishment Committee...
Patna High Court Quashes FIR Against Retired DSP For Attending 'Fish Party' During Covid Lockdown
The Patna High Court has quashed a 2020 FIR against a former DSP for allegedly attending a “fish party” during the Covid-19 lockdown in violation of social distancing guidelines.A Single Judge Bench of Justice Soni Shrivastava said that the petitioner may have committed an administrative lapse, but found that continuing the criminal case against him would not serve the interests...
Patna High Court Dismisses PIL Seeking Suspension Of Police Officers Over Alleged Lathi Charge During Students' Protest
The Patna High Court has dismissed a PIL seeking suspension of senior Patna police officers and action against police personnel over an alleged lathi-charge on students.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that a third party cannot ordinarily invoke PIL jurisdiction to seek disciplinary action against individual employees.The PIL sought...