Promotion Rules Cannot Be Altered Midway To Favour Ineligible Candidates, Rules Uttarakhand High Court

A Division Bench of the Uttarakhand High Court comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit held that the rules cannot be changed midway for an ongoing promotion exercise, and the right to be considered for promotion under the existing rules cannot be defeated by arbitrarily suspending the process to amend the rules and benefit ineligible candidates. Background Facts The promotion process to the post of Deputy Director/Chief Agriculture Officer had commenced on...

'Chairperson Alone Cannot Pass Order': Uttarakhand High Court Quashes Disciplinary Action Against Police Officer

The Uttarakhand High Court has held that “an order passed by the Chairperson of the State Police Complaints Authority alone cannot be treated as an order passed by the Authority”. Holding that as per the scheme of the Uttarakhand Police Act, 2007, the Authority consists of the Chairperson and four other members and held that an order passed by the Chairperson alone was “illegal per se and deserves to be quashed on this ground alone”. Consequently, holding the above it quashed the disciplinary...

Uttarakhand High Court Dismisses Plea Challenging Proposed Shift Of High Court From Nainital To Haldwani As Premature

The Uttarakhand High Court has dismissed a challenge to the proposed relocation of the High Court Complex from Nainital to Haldwani, holding that the writ petition was premature as the matter was presently at the stage of identification of land. The Court observed that prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980 would be required when the...

Uttarakhand High Court Upholds Denial Of RTI Info On Estranged Wife's Govt Service, Says No Material Could Outweigh Privacy

The Uttarakhand High Court has upheld the denial of information sought under the Right to Information Act by a man concerning the government service of his estranged wife, holding that there was “no material on record indicating any public interest that could outweigh her right to privacy”. Holding the above, the Court noted that the appellant had failed to place even prima facie...

'Romantic Relationship, Proposal To Marry Cannot Dilute POCSO Act': Uttarakhand High Court Denies Bail Over Minor's Sexual Assault

The Uttarakhand High Court has held that “the plea of romantic relationship and subsequent proposal to marry cannot dilute the statutory protection granted to minor child under the POCSO Act,” thus reiterating that a minor's consent is “completely irrelevant in the eyes of law.”Applying this to the present case, the Court also took note of the allegation that the accused had concealed...

Excise Commissioner Cannot Relocate Permitted Liquor Sub-Shop Because It Adversely Affects Another Licensee's Revenue: Uttarakhand High Court

The Uttarakhand High Court has held that the Commissioner, Excise cannot relocate a sub-shop of a licensee only on the ground that the revenue of another liquor shop was adversely affected. The Court observed that the power under Rule 28.4(b) of the Uttarakhand Excise Policy to relocate a shop was available to the District Magistrate and not to the Commissioner, Excise.Justice Manoj Kumar...

'Land Cannot Be Acquired On 24-Hour Notice': Uttarakhand High Court Quashes Helipad Takeover

The Uttarakhand High Court has held that land cannot be temporarily acquired under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 without giving prior notice for a reasonable time. The Court observed that a person cannot be divested of the use of his own land without following the due process of law.Justice...

Uttarakhand High Court Directs Dehradun DM To Examine Citizenship Application Of Tibetan Migrant Within Six Weeks

The Uttarakhand High Court has directed the Dehradun District Magistrate to examine the citizenship application submitted by a person of Tibetan origin who migrated to India and “if everything is found to be in order”, then forward it to the Competent Authority in the Central Government within six weeks. The Court accordingly disposed of a writ petition seeking directions for processing...

Call Records Can't Be Denied Solely On Victim's Privacy Grounds If Prima Facie Relevant For Fair Trial: Uttarakhand High Court

The Uttarakhand High Court has held that an application seeking production of Call Detail Records (CDRs) and tower-location details “cannot be rejected solely on the ground of the victim's right to privacy when the records are prima facie relevant for a just adjudication of the case”. Justice Alok Mahra held that while the accused's right to a fair trial and investigation under Article 21...

“Child Protection Cannot Criminalise Adolescence”: Uttarakhand High Court Quashes POCSO FIR Over Relationship Between 17 & 21-Yr-Old

The Uttarakhand High Court has observed that “treating the consensual relationship between a 17 years old and 21 years old on par with sexual assault collapses meaningful distinctions and results in manifest arbitrariness under Article 14,” thus holding that “child protection does not require criminalising adolescence.” Hence, taking into consideration the victim's age, her statement...

Proof Of Saptapadi Ceremony Not Required At Cognizance Stage In Bigamy Complaint: Uttarakhand High Court

The Uttarakhand High Court has refused to quash criminal proceedings for the offence of bigamy under Section 494 of the Indian Penal Code, holding that whether the essential ceremonies of the alleged second marriage, including Saptapadi, were performed is a matter of trial and “cannot be gone into at the primary stage of taking cognizance”.Relying on the Supreme Court's decision in...

YouTuber Can't Invoke Writ Jurisdiction To Restore Channel Deleted Over Alleged Copyright Strikes: Uttarakhand High Court

The Uttarakhand High Court has held that a writ petition under Article 226 of the Constitution cannot be invoked by a YouTuber to seek reinstatement of a YouTube channel deleted on account of alleged copyright strikes. In doing so the court said that public law remedy is not a relief in a contractual dispute between a YouTuber and the social media platform. The petitioner, a YouTuber, had...