Himachal Pradesh High Court
Appeal Against Interlocutory Order Framing Charge Not Maintainable Under SC/ST Act: HP High Court
The Himachal Pradesh High Court held that an appeal against an order framing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable, as the order is an interlocutory order and does not determine the final rights of the parties.Justice Jiya Lal Bhardwaj observed that: “...the order framing of the charges is purely an interlocutory...
'State's Right To File Reply Cannot Be Curtailed': HP High Court Sets Aside Tribunal Order Granting Service Benefits
The Himachal Pradesh High Court has held that a State's right to file a reply cannot be curtailed by adjudicatory bodies, setting aside a Tribunal order that granted service benefits without affording the State an opportunity to respond. Emphasising principles of natural justice and procedural fairness, the Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi ruled...
Overtaking Without Due Care Violates Road Regulations, Constitutes Negligence: Himachal Pradesh High Court
The Himachal Pradesh High Court set aside the acquittal of an accused in a road accident case, holding that the Trial Court had ignored material evidence and failed to apply the Rules of the Road Regulations, 1989. The Court remarked that the accused's act of overtaking another vehicle in unsafe conditions and moving onto the wrong side of the road was the direct cause of the accident and...
'Accused Can't Blame Father For Not Informing Him About Hearing Date After Service Of Summons': HP High Court Rejects Delay Condonation Plea
The Himachal Pradesh High Court dismissed an application seeking condonation of a 130-day delay, holding that the applicant can't rely on the plea that his father did not inform him about the hearing date after receiving the court summons. Justice Rakesh Kainthla remarked that: “When the law requires that the summons be left with the adult male member of the family, it is as good as...
Anganwari Helper Has Preferential Right For Promotion As Worker, Transferee Can't Claim Post: HP HC
A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi held that if a vacancy arises at an Anganwari Centre, the existing Anganwari Helper has a preferential right to be considered for promotion as Worker and such right cannot be defeated by a transfer on marriage grounds which is only recommendatory and...
Completing Class 8 After Age 14 Not Illegal Under RTE Act: HP High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the appointment of a Part-Time Multi Task Worker, clarifying that the Right of Children to Free and Compulsory Education Act, 2009 ensures free education for children aged six to fourteen but does not prohibit a person above that age from continuing schooling.The Court further noted that the certificate had been verified by...
Right To Be Considered For Promotion Is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
The Himachal Pradesh High Court held that an employee's right to be considered for promotion is a legitimate expectation which can't be taken away merely because another employee is transferred to the post on the grounds of marriage. The Court further clarified that administrative transfers should not be used in a manner that defeats an employee's legitimate expectation of career...
Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the termination of a Junior appointed by the Himachal Pradesh State Electricity Board Ltd., holding that the employer was justified in terminating the services of a candidate who had secured employment based on a matriculation certificate issued by an unrecognised board. Justice Ajay Mohan Goel remarked that: “As...
Security Deposit Cannot Be Forfeited Without Hearing: Himachal Pradesh High Court Orders Refund Of ₹15.67 Lakh To Contractor
The Himachal Pradesh High Court has set aside an order forfeiting over ₹15 lakh from a contractor's security deposit related to the Kullu Dussehra festival, holding that the action was taken in violation of the principles of natural justice as the contractor was never issued a show-cause notice.A Division Bench comprising Chief Justice G. S. Sandhawalia and Justice Jiya Lal Bhardwaj allowed...
HP High Court Quashes FIR Against Shimla Councillor Under Railways Act, Finds No Material Showing Electric Pole Near Track Endangered Safety
The Himachal Pradesh High Court has quashed an FIR registered under Section 153 of the Railways Act, 1989 (endangering the safety of persons travelling by railway by wilful act or omission). The Court held that the record did not disclose any unlawful or wilful act by the petitioner that could be said to have endangered the safety of railway passengers.The Court further noted that there was...
Recovery Of RERA Compensation Cannot Be Put On Hold Due To Subsequent Vesting Of Land In State: HP High Court
The Himachal Pradesh High Court has held that recovery proceedings initiated pursuant to final order of the Real Estate Regulatory Authority cannot be stalled merely because the project land subsequently vested in the State Government under separate revenue proceedings.The Court further clarified that once a RERA order granting monetary relief attained finality, authorities were bound to...
Himachal Pradesh High Court Quashes Preventive Detention Under PITNDPS Act, Cites Non-Application Of Mind
The Himachal Pradesh High Court has quashed a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that the detaining authority failed to independently apply its mind and merely reproduced the proposal submitted by the police.Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi said, "we are of...