Workman With 240 Days Of Continuous Service, Termination Without Notice Is Illegal : HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi held that termination of a workman who has completed 240 days of continuous service without complying with disciplinary proceedings or notice is illegal, and abandonment of service cannot be presumed in such case. Background Facts The respondent was engaged as...

HP High Court Affirms 2-Year Service Extension For Indira Gandhi NSS National Awardee Teachers In Himachal Pradesh

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi held that a teacher who received a national award (Indira Gandhi NSS Award) from the President of India is entitled to the benefit of two years' extended service/salary increment, and the State cannot deny it based on the award being under a...

HP High Court Bars MLAs From Voting In Municipal President, Vice-President Elections; Says They Have No Such Right Under Law

The Himachal Pradesh High Court has held that ex-officio members, including Members of the Legislative Assembly (MLAs), do not possess a right to vote in elections for the offices of President and Vice-President of Municipal Councils and Nagar Panchayats. Passing an interim order, the Court observed that the Himachal Pradesh Municipal Act, 1994 and the Himachal Pradesh Municipal Election...

Wrong Batch Numbers On Liquor Bottles Due To Labelling Error Can't Attract Illegal Transport Charge Under Excise Act: HP High Court

The Himachal Pradesh High Court has quashed criminal proceedings against the proprietor of a liquor bottling unit accused of illegally transporting Indian Made Foreign Liquor (IMFL), holding that transportation of 400 cases under a valid permit could not attract prosecution under Section 39 of the Himachal Pradesh Excise Act merely because some bottles bore incorrect batch numbers due to...

Executive Magistrate Can Order Removal Of Obstruction From Long-Used Village Path Without Deciding Title Dispute: HP High Court

The Himachal Pradesh High Court has upheld an order passed by the Sub-Divisional Magistrate (SDM), Kalpa, directing removal of an obstruction from a pathway allegedly used by villagers for decades, holding that the Magistrate had merely protected an existing right of user under Section 147 of the Code of Criminal Procedure and had not adjudicated any question of ownership.The Court observed...

Approaching DGP Instead Of Officer-In-Charge Of Police Station Does Not Satisfy Section 154 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has quashed an FIR and a Magistrate's order passed under Section 156(3) CrPC, holding that a complainant cannot directly approach the Magistrate without first complying with the mandatory requirement under Section 154(1) CrPC of furnishing information to the officer-in-charge of the concerned police station.A Single Judge Bench of Justice Rakesh Kainthla...

Supreme Court Collegium Approves Appointment Of Three Judicial Officers As Judges Of Himachal Pradesh High Court

The Supreme Court Collegium has approved the appointment of three judicial officers as judges of the Himachal Pradesh High Court.In a resolution passed by the Collegium, the names of judicial officers Chirag Bhanu Singh, Bhupesh Sharma, and Yogesh Jaswal were cleared for elevation to the High Court...

Ad Hoc Promotion Made In Excess Of Quota, As Stop-Gap Arrangement, Doesn't Confer Any Right To Claim Seniority: Himachal Pradesh High Court

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin C. Negi held that ad hoc promotion made in excess of prescribed quota and as a stop-gap arrangement does not confer any right to claim seniority from the date of such ad hoc service.Background Facts The appellant was an employee of the Himachal Pradesh State Electricity...

State Cannot Escape Liability For Unsafe Road Repair Work: Himachal Pradesh High Court Upholds Compensation For Youth Killed In Accident

The High Court of Himachal Pradesh has upheld compensation awarded to the mother of a 25-year-old man who died in a motorcycle accident caused by unsafe road repair work on National Highway-20, holding the State authorities and contractor negligent for failing to install warning signboards and adequate safety measures at the site. The Court observed that it was the duty of the authorities...

Service Rendered On Higher Post In Different Spells Must Count For Increment Benefits: HP High Court

The Himachal Pradesh High Court held that a government employee who officiated on a higher post in different spells cannot be denied increment benefits under Fundamental Rule 26 merely because the service was not continuous. The Court observed that once the State had granted salary benefits for the period spent on the higher post, the same duration was also required to be counted for...

Truthful Reporting Of FIR Not Defamation: Himachal Pradesh High Court Quashes Complaint Against Journalist

The High Court of Himachal Pradesh has quashed criminal defamation proceedings initiated against a journalist and a local businessman over publication of a news report based on a police complaint, holding that truthful reporting of facts contained in an FIR does not constitute defamation under Section 500 IPC. The Court observed that complaints made before lawful authorities are protected...

Selling Matrimonial House By Itself Cannot Amount To Dowry Harassment U/S 498A IPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that merely selling the matrimonial house cannot, by itself, be treated as an act of dowry harassment under Section 498-A of the Indian Penal Code. Justice Sandeep Sharma noted that: “In status report, it has come that matrimonial house of the complainant situate at Delhi was sold by the petitioners, but such act, if any, cannot be construed to be act...