Jharkhand High Court
Unauthorised Absence Must Be Wilful To Justify Dismissal; Disproportionate If Due To Illness: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Deepak Roshan held that unauthorised absence from duty must be proven to be willful to warrant dismissal, and punishment is disproportionate if the absence is due to compelling circumstances like medical illness. Background Facts The respondent (employee) was appointed as an...
Bihar State Financial Corporation Can Fix Employee Pay Without State Approval: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that under the State Financial Corporations Act, 1951, a State Financial Corporation has power to determine its employees' pay and service conditions without needing prior approval from the State Government. Background Facts The employees were working with the Bihar...
'Future Of Children Jeopardised': Jharkhand High Court Seeks Status Of Probe Into HIV-Infected Blood Transfusion To Minor Patients
The Jharkhand High Court has observed that transfusion of HIV-infected blood to several minor children has jeopardized their future, and directed the State to place on record details of the investigation being carried out in the matter.A Single Judge Bench of Justice Rongon Mukhopadhyay was hearing a writ petition seeking direction for registration of an FIR on the basis of a complaint...
"Right To Health Requires Time-Sensitive Medical Infrastructure": Jharkhand HC Issues Directions For Specialised Burn Care Facilities
The Jharkhand High Court has held that the right to health under Article 21 is a positive constitutional mandate requiring the State to provide specialised, time-sensitive medical infrastructure, particularly in cases such as burn injuries where immediacy of care is critical. The Court observed that the absence of functional burn care facilities renders the constitutional guarantee of life...
Public Advertisement Can't Replace Direct Communication To Employees For Promotion : Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar held that public advertisements cannot substitute direct communication with employees for departmental requirements, and denying promotion to eligible employees without proper notice is arbitrary. It was further held that affected employees are entitled to retrospective promotion...
'Absence Of Burn Care Facilities Renders Right To Health Illusory': Jharkhand HC Issues Statewide Directions After Hazaribagh Fire Tragedy
The Jharkhand High Court has held that the absence of functional burn care facilities across the State renders the right to health under Article 21 “illusory”, issuing comprehensive directions to ensure establishment and operationalisation of burn units in all district hospitals.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a public...
Jharkhand High Court Takes Suo Motu Cognisance Of Rape–Murder Of 12-Yr-Old; Slams Police For “Lethargic Attitude”
The Jharkhand High Court has taken suo motu cognizance of the rape and murder of a 12-year-old girl in Hazaribagh, expressing serious concern over the “lethargic attitude” of the police in the matter.A Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary took note of the incident when, at the commencement of court proceedings at 10:30 AM, Mr. Hemant...
Pension Can't Be Withheld On Basis Of Single Instance Of Irregularity; Entire Service Must Be Found Thoroughly Unsatisfactory: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar held that the pension of an employee cannot be withheld based on a single instance of irregularity, it requires that employee committed grave misconduct and his entire service was thoroughly unsatisfactory. Background Facts The employee (Respondent) joined the...
Jharkhand High Court Directs Withholding Of Transport Officer's Salary For Non-Payment Of Employee's Pension, Retiral Dues
The Jharkhand High Court has, in an unusual development, ordered withholding of the salary of the District Transport Officer, Palamau for failure to comply with directions to pay retiral dues, warning that continued non-compliance would result in similar action against the Deputy Commissioner-cum-Secretary, Regional Transport Authority.A Single Judge Bench of Justice Ananda Sen was hearing...
Chhotanagpur Tenancy Act | Pre-1947 Transfers Not Hit By Section 46; 45-Year Delay Bars Restoration: Jharkhand High Court
The Jharkhand High Court set aside the orders allowing restoration of land under the Chhotanagpur Tenancy Act, holding that (i) Section 46 is inapplicable to transfers made prior to its introduction in 1947, (ii) a restoration application filed after 45 years is barred under Section 71, and (iii) title established through a registered patta, civil court decree, and final record-of-rights...
Tenure Of CGRF Members Must Be Considered For Extension Before Issuing Fresh Recruitment: Jharkhand High Court
The Jharkhand High Court has held that failure to consider extension of tenure of members of Consumer Grievance Redressal Forums (CGRFs) in accordance with statutory regulations, and issuing fresh recruitment advertisements without reasons, undermines the independence and impartiality of such bodies. A Single Judge Bench of Justice Ananda Sen was hearing a writ petition seeking quashing...
'Inconsistent Exaggerations & Contradictions': Jharkhand High Court Sets Aside Death Penalty, Acquits Two In Multiple Murder Case
The Jharkhand High Court has acquitted two accused persons in a multiple murder case, setting aside their conviction and death sentence, holding that where eyewitness testimony is riddled with “incoherent, inconsistent exaggerations and contradictions,” it would be unsafe to sustain conviction. The Court emphasised that when identification of the accused and their participation in the...