'Person Cannot Oscillate Between Two Caste Identities To Derive Benefits, Undermines Sanctity Of System': Patna High Court

The Patna High Court has held that a person cannot be permitted to take inconsistent stands regarding caste identity to derive electoral benefits, upholding proceedings initiated for disqualification of a Mukhiya elected from an Extremely Backward Class (EBC) reserved seat.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal against the...

Vague Expressions Such As “Bad Work” Cannot Be Presumed As Penetrative Sexual Assault Without Evidence': Patna HC Sets Aside POCSO Conviction

The Patna High Court has held that vague expressions such as “bad work” cannot, in the absence of clear ocular or medical evidence, be presumed to amount to penetrative sexual assault under the POCSO Act, setting aside the conviction of an accused under Section 4 of the Act.A Division Bench of Justice Bibek Chaudhuri and Justice Chandra Shekhar Jha was hearing a criminal appeal filed by...

'Delay In Joining With Due Permission Cannot Deprive Employee Of Old Pension Scheme': Patna High Court

The Patna High Court has held that where delay in joining service is duly permitted by the authorities, such delay cannot be used to deny the benefit of the Old Pension Scheme (OPS), especially when the recruitment process was completed prior to the cut-off date.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by...

'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court

The Patna High Court has held that failure to supply documents relied upon in a departmental enquiry vitiates the entire proceeding, as it deprives the delinquent employee of a meaningful opportunity to defend himself, in violation of principles of natural justice.A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra was hearing an intra-court appeal challenging the...

'Debt Recovery Appellate Tribunal Is Not Mere Adjudicatory Body; Can Set Aside Default Orders To Do Complete Justice': Patna HC

The Patna High Court has held that dismissal of an appeal for non-compliance with the pre-deposit requirement under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 is procedural in nature and does not extinguish the statutory right of appeal, affirming the power of the Debts Recovery Appellate Tribunal (DRAT) to recall such orders.A Division Bench of Justice Sudhir Singh and...

State Must Bridge “Rehabilitation Gap” In Mental Healthcare, Ensure Recovery Leads To Doorway, Not Dead-End: Patna HC

The Patna High Court has emphasised that the State must ensure proper rehabilitation of cured mental health patients, observing that failure to provide adequate post-treatment support risks converting mental health institutions into spaces of detention, in violation of Article 21.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu...

'Power To Decide Includes Power To Initiate Proceedings; No Writ Petition Lies Against Blacklisting Show Cause Notice': Patna High Court

The Patna High Court has held that a show cause notice initiating blacklisting proceedings cannot ordinarily be challenged under Article 226, reiterating that the authority empowered to take a final decision is equally competent to initiate the process.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging a show cause notice dated...

Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court

The Patna High Court has held that selection or engagement to the post of Anganwadi Sevika under the Integrated Child Development Services (ICDS) scheme does not confer any enforceable statutory right, and disputes relating to such selection ordinarily do not warrant interference in writ jurisdiction.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an...

'Compassionate Appointment Is A Tailored Exception; Not Meant For Delayed Claims': Patna HC Dismisses Appeal After 25-Year Gap

The Patna High Court has reiterated that compassionate appointment is meant to provide immediate financial relief and cannot be claimed after a prolonged lapse of time, dismissing an intra-court appeal filed nearly 25 years after the employee went missing.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a Letters Patent Appeal challenging the judgment...

Patna High Court Limits Interest On Delayed Salary Arrears To 3 Years Before Filing Of Writ Petition, Modifies Single Judge Order

The Patna High Court has held that in cases of delayed claims, relief relating to arrears must ordinarily be restricted to a period of three years prior to the filing of the writ petition, modifying a Single Judge's direction granting interest on salary dues for a much longer period.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters...

EPFO Cannot Retain Deposited Amount After Assessment Is Set Aside, Must Pay Interest For Unjust Enrichment: Patna High Court

The Patna High Court has held that authorities cannot retain money deposited by an assessee after the assessment itself has been set aside, and must compensate the party by paying interest, invoking the doctrine of unjust enrichment.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by the Employees' Provident Fund...

Patna High Court Defers Hearing Plea On RTI Pendency In Bihar, Cites Ongoing SC Proceedings

The Patna High Court has deferred hearing in a Public Interest Litigation seeking directions to clear the massive pendency of RTI applications and appeals in Bihar, noting that the issue is presently under consideration before the Supreme Court.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a PIL seeking issuance of a writ of continuing...