Exoneration From Malpractice In Cancelled Exam Does Not Create Vested Right To Appointment In Subsequent Vacancies: Uttarakhand High Court

The Uttarakhand High Court has held that mere exoneration from allegations of malpractice in a cancelled recruitment process does not confer a vested right to appointment. The Court observed that while an inquiry report may establish that a candidate was not involved in any irregularity, it neither revives a cancelled recruitment process nor creates a right to seek appointment against...

Railways Cannot Evict Unauthorised Encroachers Through General Notice, Without Due Process Of Law: Uttarakhand High Court

The Uttarakhand High Court has held that even a person in unlawful possession of railway land cannot be evicted through a general administrative notice without following due process of law. The Court observed that forcible dispossession from property without legal sanction violates constitutional and human rights, and eviction can only be effected by following the procedure established...

Claimant's Guilty Plea To Rash Driving Acts As Admission Of Negligence, Disentitles Him To Accident Compensation: Uttarakhand High Court

The Uttarakhand High Court has held that where a claimant has pleaded guilty in a criminal case arising out of a motor accident, such a plea amounts to an admission that the accident occurred due to his rash and negligent driving. The Court observed that while the effect of a finding recorded in a criminal case may stand on a different footing, a voluntary plea of guilt by the claimant...

Printing "Maha Value" On Pepsi Bottles Not 'Misbranding' Under Food Safety Act Unless Proven To Be Misleading: Uttarakhand High Court

The Uttarakhand High Court has held that merely printing the phrase "Maha Value" on a food packet does not amount to misbranding under the Food Safety and Standards Act, 2006 unless it is established that the statement is false, misleading or deceptive. The Court observed that it is for the prosecution to prove how the impugned expression misleads consumers and a finding of misbranding...

Authority Determining Compensation Under NH Act Cannot Question Correctness Of Circle Rate Fixed By Collector: Uttarakhand High Court

The Uttarakhand High Court has held that the authority determining compensation under the National Highways Act cannot examine the correctness of the circle rate fixed by the Collector under the stamp law framework. The Court observed that once the applicable circle rate is available for the purpose of Section 26(1)(a) of the Right to Fair Compensation and Transparency in Land...

Speedy Justice Requires Stakeholders To Act With Due Diligence: Uttarakhand High Court Directs State To Assist Trial Courts In Long-Pending Trials

The Uttarakhand High Court has granted bail to a murder accused who had remained in judicial custody since 13.07.2016, reiterating that the right to speedy trial is an integral facet of Article 21 of the Constitution of India and that prolonged incarceration of an undertrial prisoner without likelihood of early conclusion of trial cannot be countenanced indefinitely.Importantly, the Court...

Election Petition Cannot Be Rejected Under Order VII Rule 11 CPC Merely Because Accompanying Affidavit Is Defective: Uttarakhand HC

The Uttarakhand High Court has held that the requirement to file an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is not mandatory and that it is sufficient if there is substantial compliance. Further, reiterating the principle established in various precedents, the Court held that a defect, if any in the affidavit filed with the election...

Fair Price Shop Licence Cancellation Order Not Signed By District Magistrate Is Invalid: Uttarakhand High Court

The Uttarakhand High Court has held that an order cancelling a fair price shop licence is unsustainable in law if it is not signed by the District Magistrate, who alone is competent to pass such an order under the applicable Government Order. The Court observed that an unsigned order cannot be treated as a valid order of the District Magistrate merely because it was communicated to the...

Finding Of Forgery Cannot Be Sustained Merely On Signatory's Denial, Without Expert Opinion: Uttarakhand High Court

The Uttarakhand High Court has held that a finding of forgery cannot be sustained merely on the basis of a signatory's denial of signatures without any objective verification or expert opinion. The Court observed that a finding of forgery carries serious civil consequences as well as criminal implications and therefore cannot be based on assumptions or unilateral assertions alone.Justice...

No Right To Retrospective Promotion Merely Due To Delayed Assessment By Department Committee: Uttarakhand High Court

The Uttarakhand High Court has held that an employee cannot claim retrospective promotion merely because the Departmental Promotion Committee (DPC) was constituted at a later point in time. The Court observed that in the absence of any provision or guideline providing for promotion from a deemed date, no employee can claim retrospective promotion.Justice Manoj Kumar Tiwari was hearing a...

Outsourced Forest Dept Employees Not Bound By Official Secrets Act, But Expected Not To Divulge Sensitive Info: Uttarakhand High Court

The Uttarakhand High Court has held that even if an outsourced employee is not bound by the provisions of the Official Secrets Act, such an employee is nevertheless expected not to divulge sensitive official information to strangers. The Court observed that this obligation applies equally to regular and outsourced employees working in a government department.Justice Manoj Kumar Tiwari was...

Administrative Enquiry Mandatory Before FIR Against Public Servants Under SC/ST Act: Uttarakhand High Court

The Uttarakhand High Court has held that criminal proceedings under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be initiated against a public servant without a prior administrative enquiry as mandated by the proviso to Section 4(2) of the Act. Reiterating the above principle as established in various Supreme Court precedents, the High...