[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. In this case, the writ application was preferred against an order...

After Trial Has Commenced, Amendments To Pleadings Cannot Be Allowed Merely To Remove Ambiguity: Patna High Court

In a recent judgement, a bench comprising Justice Sunil Dutta Mishra of the Patna High Court has held that the onus lies on the parties seeking an amendment to a suit to satisfy the Court that in spite of due diligence, they could not have raised the matter before the commencement of the trial.The court further held that amendments are not to be allowed merely because they are clarificatory...

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge

In a recent order passed by the Patna High Court, the Secretary's decision to set aside the allotment of a PDS shop to the Petitioner and award it to another candidate has been quashed and set aside. The Petitioner had challenged the placement of the other candidate in the provisional merit list and claimed that he was entitled to be placed at No. 1.The counsel for the Petitioner submitted...

Identify And Take Immediate Steps For Removal Of Encroachments From Lands Meant For Airport: Patna High Court To DMs

In a significant order the Patna High Court has directed all the District Magistrates (DMs) in the State to identify encroachments existing over the lands meant for total 31 airstrips and airports of Bihar and take immediate steps for their removal.A division bench of acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad while hearing a batch of 30 PILs filed by Nikhil...

Patna High Court Says BSUSC's Asst Professor Recruitment Drive Not In Line With Reservation Rules, Backlog Vacancies Not Earmarked Separately

The Patna High Court has ordered the Bihar State University Service Commission (BSUSC) to re-conduct recruitment to 4,638 Assistant Professor positions in the State after it found that the earlier selection process was unlawful and in complete violation of the applicable rules of reservations as mandated by the Constitution of India.While allowing the writ petition filed by Dr. Amod Prabodhi...

Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC

The Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The court has ordered the respondent school to consider the petitioner’s admission...

Patna High Court Grants Anticipatory Bail To Man Accused Of Making 'Filthy' FB Posts Against Goddess Janaki, Lakshmana Ji

The Patna High Court last week granted anticipatory bail to one Md. Sarfaraj @ Sharfaraj Ansari who has been accused of making 'filthy' Facebook post over Goddess Janaki and Laxman Ji.The bench of Justice Anjani Kumar Sharan ordered that in the event of arrest or surrender of the accused before the court below within a period of six weeks from today, he be enlarged on bail on furnishing bail...

Corrections Can Be Made In Passports Of Such Applicants Who Were Minor When Passport With Incorrect DoB Was Issued: Patna High Court

The Patna High Court on Tuesday directed the Regional Passport Office to consider the application of a girl for issuance of fresh passport and correct her date of birth on the basis of the Matriculation certificate issued by CBSE, who was minor at the time of recording of date of birth during the issuance of previous passport.While allowing the writ petition, the single judge bench of...

Data Shows Over 7 Lakh Cases Pending Due To Non Availability Of Counsel In Bihar; Patna High Court Calls Figures Alarming, Seeks Verified Data

The Patna High Court on Friday issued a slew of directions while hearing a Public Interest Litigation (PIL) dealing with the issue of effective implementation of Chapter XXI-A of the Cr.P.C that pertains to the disposal of the criminal cases through ‘plea bargaining’. The division bench of the Acting Chief Justice Chakradhari Sharan Singh and Justice Partha Sarthy directed the...

Patna High Court Denies Anticipatory Bail To DSP Accused Of Raping Minor Maid In Govt Quarter

The Patna High Court recently denied anticipatory bail to a suspended Deputy Superintendent of Police (DSP) who is accused of committing forceful sexual intercourse in 2017 with a minor girl, who was engaged as a maid for his wife. While denying relief to the petitioner Kamla Kant Prasad, Justice Rajiv Roy observed: “The petitioner being a Police Officer was duty bound to...

Evidence Of Witness In Examination-In-Chief Doesn’t Become Inadmissible Merely Because He Couldn’t Be Cross-Examined: Patna HC Reiterates

The Patna High Court has reiterated that evidence given by a witness in his examination-in-chief cannot be completely discarded merely because he could not be cross-examined by the opposite party. A Single Judge Bench of Justice Sunil Dutta Mishra underlined that such evidence can be made admissible but weight to be attached to such testimony will depend upon the facts...

Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'

The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns...