State Can't Deny Interest On GPF Amount Retained Beyond Retirement : HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G. S. Sandhawalia and Justice Jiya Lal Bhardwaj held that a government employee is entitled to interest on delayed GPF payments when the State itself processed the retention request and passed a validation order, preventing it from later claiming non-compliance with the rules. Background Facts...

'Protectors Have Become Violators': HP High Court Upholds Dismissal Of Police Constables Convicted Under NDPS Act

The Himachal Pradesh High Court has upheld the dismissal of two police constables convicted of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), observing that the involvement of police personnel in NDPS offences was a serious matter. The Court held that, in the circumstances of the case, the dismissal of the constables was neither grossly excessive...

Para-Veterinarian From Legally Established University Cannot Be Denied Registration Over Absence Of State Recognition: HP High Court

The Himachal Pradesh High Court has held that a para-veterinary qualification obtained from a university established by law cannot be denied recognition merely because the university is not separately recognised by the State Government or registered with the Himachal Pradesh Para Veterinary Council. The Court further held that Rule 14 of the Himachal Pradesh Para Veterinary Council Rules,...

Mere Protesting Or Using Bad Language Does Not Constitute Obstruction Of Public Servant: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere protest or use of intemperate language against a public servant, in the absence of any overt act that actually obstructs the discharge of official duties, does not constitute an offence under Section 186 of the Indian Penal Code (IPC). The Court observed that while “obstruction” need not necessarily be physical, the prosecution must...

Unmarried Woman Applying For Govt Job Cannot Be Expected To Remain Unmarried Till Completion Of Recruitment Process: HP High Court

The Himachal Pradesh High Court has held that an unmarried woman who applies for a government post cannot be expected to remain unmarried until the recruitment process is completed. The Court made the observation while dealing with a petition challenging the rejection of a woman's candidature for the post of Van Mitra, after she married during the pendency of the selection process....

Government Employee Can't Be Denied Financial Benefit Merely For Lack Of Awareness Of Office Order Published Online: HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi held that a government employee cannot be denied the benefit of an office order with financial implications merely because it was placed on a website, as proper publication through a reasonable mode is essential, and the employee's lack of awareness due...

Mere Participation in Protest March Does Not Make One Part of Unlawful Assembly: HP High Court

The Himachal Pradesh High Court has held that mere participation in a protest march does not, by itself, make a person a member of an unlawful assembly under Section 149 of the IPC. The Court observed that where the petitioners, after witnessing the violence, separated themselves from the unruly mob and attempted to save the teachers being assaulted, they could not be treated as members of...

NDPS Act Does Not Allow Any Other Options After Accused Chooses Gazetted Officer For Search U/S 50: HP High Court

The Himachal Pradesh High Court has held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not permit the Investigating Officer or any other officer, including the Gazetted Officer before whom the personal search is to be conducted, to give an accused a fresh or third option after the accused has already exercised his statutory choice. The Court observed that...

HP High Court Orders Probe Against Officials For Allowing Govt Doctor To Retain Accommodation For Over A Decade Despite Transfer

The Himachal Pradesh High Court has directed an inquiry against the concerned officers/officials for allegedly allowing a Medical Officer to retain earmarked government accommodation at Hamirpur for more than a decade after his transfer, observing that such continued retention would not have been possible without the officials concerned being “hand in glove” with the petitioner. Justice...

Sister-In-Law's Advice To Take Care To Prevent Miscarriage Isn't Harassment For Not Bearing Child, Doesn't Amount To Abetment: HP High Court

The Himachal Pradesh High Court has observed that merely asking a woman to take care of her health, particularly her food habits to prevent a future miscarriage, may not be sufficient to conclude that she was being harassed or tortured for not bearing a child. The Court made the observation while granting bail to a woman accused of abetting the suicide of her sister-in-law, holding that...

HP High Court Quashes FIR Against Liquor Bottling Unit Over Failure To Affix Holograms, Imposes ₹1 Lakh Penalty Under Excise Act

The Himachal Pradesh High Court has held that the mere failure to affix holograms on liquor bottles does not constitute a criminal offence under Sections 39(1) and 39(2) of the Himachal Pradesh Excise Act, 2011. The Court observed that such omission is specifically covered under Section 43 of the Act, which provides for imposition of a monetary penalty and is compoundable. Accordingly, the...

Using Teachers for Years Without Fair Pay Amounts to 'Begaar': Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the State cannot exploit the services of teachers engaged in government schools for years without extending the benefits due to them, observing that such conduct amounts to "begaar" prohibited by the Constitution. While directing the release of Grant-in-Aid to a Drawing Master who had been serving since 2011, the Court remarked that the Government...