Uttarakhand High Court
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...
FIR Number Allegedly Prepared Before FIR Registration Raises Material Doubt About Recovery: Uttarakhand HC Grants Bail In NDPS Case
The Uttarakhand High Court has granted bail to two accused booked under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that the appearance of the FIR number on the inventory report and arrest memo, which according to the prosecution had been prepared before registration of the FIR, constituted a material procedural infirmity that prima facie cast doubt on...
Outsourced Workers Have No Right To Promotion; Designation Upgrade Without Authority Can Be Corrected: Uttarakhand High Court
The Uttarakhand High Court has held that “outsourced or contract employees do not automatically acquire the status enjoyed by regular State Employees”. Thus, holding the above, the High Court iterated that “continuance of an outsourced employee in service for long periods of time does not Ipso facto establish a direct employee-employer relationship with a State Government”. The Court...
Candidates Lacking Prescribed Qualification Cannot Claim Eligibility On Basis Of 'Equivalent' Or Higher Qualification: Uttarakhand HC
The Uttarakhand High Court has dismissed a batch of writ petitions challenging rejection of candidature for various posts advertised by the Uttarakhand Public Service Commission, reiterating that a Selecting Body cannot treat any qualification as equivalent to the prescribed qualification in the absence of an enabling provision in the applicable rules or the advertisement. Reiterating...
Pursue Civil Remedies First: Uttarakhand HC Sets Aside FIR Alleging Demolition, Theft & Encroachment Of Mussoorie's Modi Bhawan
The Uttarakhand High Court has quashed an FIR registered against persons connected with Radha Swami Satsang Beas (RSSB) in relation to allegations concerning demolition of 'Modi Bhawan', theft of valuable articles and encroachment over the property.“Once both the parties (have) already availed civil remedy by instituting separate suits in respect of the same property then initiation of...
Repossession Clause Doesn't Permit Banks To Take Law Into Their Own Hands; Vehicle Seizure Without Due Process Illegal: Uttarakhand HC
The Uttarakhand High Court has held that existence of a repossession clause in a loan agreement does not authorize a financial institution or its agents to take law into their own hands for recovery of dues. The Court further reiterated that although disputes arising purely out of contractual obligations ordinarily may not warrant interference under Article 226, a writ petition would...
Mere Association With Gang Leader Cannot Justify Property Attachment Under UP Gangster Act Without Nexus To Crime: Uttarakhand HC
The Uttarakhand High Court has held that mere association or acquaintance with an alleged gang leader cannot by itself justify attachment of property under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The Court observed that attachment of property affecting rights protected under Article 300A of the Constitution must be founded on specific and cogent material...
Uttarakhand HC Dismisses State's Appeal As 'Not Pressed' Against Single-Judge Order Permitting Eid Namaz At Nainital Ground
A Division bench of Uttarakhand High Court on Friday dismissed as 'not pressed' a Special Appeal filed by the state challenging a Single Judge's order permitting the offering of Eid-ul-Azha (Bakrid) Namaz at Nainital's famous Gymkhana and District Sports Association field. When the matter came up for a hearing on May 29 before a Bench of Chief Justice Manoj Kumar Gupta and Justice...