Chhattisgarh High Court Upholds Penalty Stopping Increments To SBI Employee Accused Of Sexually Harassing Staff, Customers

The Chhattisgarh High Court has upheld disciplinary action taken against a State Bank of India (SBI) employee accused of misbehaving with a lady customer and of sexual harassment, thereby affirming the penalty of stoppage of two increments with cumulative effect imposed on him.In this regard, a division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held,“From the...

All Tender, Contract Matters Concerning Govt Bodies To Be Heard By Division Bench: Chhattisgarh High Court Clarifies

A full bench of the Chhattisgarh High Court while removing ambiguity with respect to Rule 23(1)(iv) of the High Court of Chhattisgarh Rules has said that all matters relating to tender/contract concerning the Government/Public Undertaking/Local Bodies/Statutory Bodies are to be heard by a Division Bench.Rule 23(1)(iv) of the Rules, 2007 prescribed that writ petitions relating to...

Disallowance U/S 143(1)(a) Of Income Tax Act Inapplicable When Issue Involved Is Pending Before Supreme Court: Chhattisgarh High Court

The Chhattisgarh High Court has held that an Assessing Officer (AO) cannot apply Section 143(1)(a) of the Income Tax Act, 1961 (the 1961 Act), to disallow a claim where the issue involved, such as the deductibility of employees' contributions to EPF/ESI under Section 36(1)(va), was pending consideration before the Supreme Court in Checkmate Services Pvt. Ltd. v. CIT [(2023) 6 SCC 451].In...

Wife Divorced On Ground Of Adultery Can't Claim Maintenance U/S 125 CrPC: Chhattisgarh High Court

The Chhattisgarh High Court has held that a woman who is divorced on the ground of adultery as proved by her former husband, cannot claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).In this regard, Justice Arvind Kumar Verma in his order said:"Sub-Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she...

'Child Adoption Leave' A Fundamental Right Of Adoptive Mothers Under Article 21: Chhattisgarh High Court

In a landmark judgment, the Chhattisgarh High Court has held that women employees who adopt children are also entitled to childcare/child adoption/maternity leave since it is a fundamental right of every mother under Article 21 of the Constitution, irrespective of the mode of attainment of motherhood, to give motherly care and attention to their new-born children.Justice Bibhu Datta Guru...

Income Tax Act | Bona Fide Belief With Genuineness Of Transaction Constitutes Reasonable Cause U/S 273B; No Penalty Imposable U/S 271E: Chhattisgarh HC

The Chhattisgarh High Court held that bona fide belief coupled with genuineness of transactions constitutes a reasonable cause under section 273B of the Income Tax Act for not invoking Section 271E of the Act. The Division Bench of Justices Sanjay K. Agrawal and Deepak Kumar Tiwari referring to Section 273B of the Income Tax Act stated that the word 'reasonable cause' has not...

Chhattisgarh HC Rejects Challenge To Declaration Of 'Moolvasi Bachao Manch' As Unlawful Organization, Says Matter Before Advisory Board

The Chhattisgarh High Court on Monday (May 5) dismissed a plea challenging a State government notification under Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization.A division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma noted that the organisation...

Plea In Chhattisgarh HC Challenges Vires Of Public Safety Act, Notification Declaring 'Moolvasi Bachao Manch' Unlawful Organization

A plea has moved before the Chhattisgarh High Court challenging a state government notification under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization in October 2024. The plea also challenges the constitutionality of the CVJSA as being ultra vires Articles...

Compassionate Appointment A One-Time Benefit; Acceptance Even Under Protest Forbids Subsequent Claims For Upgradation: Chhattisgarh HC

The Chhattisgarh High Court has held that compassionate appointment is a one-time benefit, and if a post offered on compassionate basis is accepted even under protest, it constitutes exhaustion of the benefit and it cannot further be pressed for higher entitlement or upgradation.Dismissing a writ petition filed by a Gardener (Mali), who had accepted the post under protest, and claimed that he...

'May Compromise Privacy': Chhattisgarh HC Upholds Trial Court Order Denying Defence Access To Social Media Accounts Of Alleged Rape Victim

The Chhattisgarh High Court has recently upheld a trial Court order which rejected the prayer of the accused/defense seeking access to the social media accounts, i.e. Facebook and Instagram profiles of an alleged rape victim on the ground of possible breach of her privacy.Justice Arvind Kumar Verma discarded such request of the defense, which was made to verify authenticity of the...

Chhattisgarh HC Allows Plea Of Daily Wage Helper In Ayurvedic Health Care Centre Seeking Regularisation Of Services After Two Decades

The Chhattisgarh High Court has allowed a petition seeking regularisation of services of an employee working in State's Ayurvedic Health Care Centre as Aushdhalay Sevak (Helper) on daily wage for two decades.Ordering a proper assessment of the employee's case and records, a Single Judge Bench of Justice Bibhu Datta Guru held,“Having regard to the facts and circumstances of the case and...

"Aiding Leak Of Question Paper More Heinous Than Murder": Chhattisgarh High Court Denies Bail To Ex-PSC Chairman

The Chhattisgarh High Court has denied bail to the former Chairman of the State Public Service Commission, who was accused of leaking the State Service Examination paper and giving undue advantage to his family members.Justice Bibhu Datta Guru, while dismissing the bail application, strongly condemned the paper leak and remarked:“…a person who indulges in facilitating leakage of...