'Matter Of Shame For All That Female Students, Staff Forced To Urinate In Open': Chhattisgarh HC Takes Suo Moto Note Of Lack Of Toilets In Govt Schools

On Monday, the Chhattisgarh High Court took suo moto cognisance of a newspaper report published in Dainik Bhaskar stating that 150 government schools in the Bilaspur District do not have toilets and more than 200 schools are such where the toilets are not usable. Taking note of this state of affairs, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal...

'Unwarranted': Chhattisgarh High Court Allows Candidates Without State Bar Enrolment To Sit For Civil Judge Exam

As an interim respite, the Chhattisgarh High Court has allowed candidates who are not enrolled with any State Bar Council as an 'Advocate' to appear in the Civil Judge (Junior Division) Examination, 2024.The Division Bench of Chief Justice Ramesh Singh and Justice Ravindra Kumar Agrawal prima facie found the condition of Bar enrolment for appearing in the judicial service examination to...

NDPS Act | Quantity Of Both Offending Drug & Neutral Substance Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC

The Chhattisgarh High Court has observed that while considering the mixture of narcotic drugs or psychotropic substances to determine whether it would constitute a 'small quantity or commercial quantity', not only the quantity of the 'offending drug' but the quantity of 'neutral substance' mixed should also be taken into consideration. A bench of Chief Justice Ramesh Sinha and...

'How Chinese Manjha Available In Market Despite State-Wide Ban?': Chhattisgarh HC Asks Govt Over Minor's Death

The Chhattisgarh High Court on Monday took suo moto cognizance over the unfortunate death of a 7-year-old boy after a chinese manjha got stuck in his neck. Taking a strict view over the availability of Chinese manjha in the state markets despite a state-wide ban, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal directed the state secretary to file an affidavit...

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that additional evidence not forming part of the arbitral record can be allowed to be given only in exceptional circumstances while hearing a petition under section 34 of the Arbitration Act. Brief Facts: The petitioner challenges an order passed by the commercial court by which an application under section...

Non-Extension Of Contract Based On Allegations Of Absence From Duty, Without Following Due Process Violates Natural Justice: Chhattisgarh HC

In a case pertaining to non-extension of services of a Rojgar Sahayak, the Chattisgarh High Court said that when such decision has civil consequences and is based on allegations of negligence and absence from duty, then it cannot be taken without adhering to principles of natural justice.The Court observed that in the present case respondent authorities–Zila Panchayat, Mungeli, had failed...

Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC

Chhattisgarh High Court: A division bench of Justices Ramesh Sinha and Ravindra Kumar Agrawal held that the State cannot withhold gratuity from a retired Revenue Sub-Inspector without any prior departmental inquiry. Following State of Punjab v. Rafiq Masih, the court ruled that recovery from Class III employees post-retirement is illegal unless proceedings were initiated...

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC

The Chhattisgarh High Court has held that it cannot exercise writ jurisdiction against an order by the District Judge, which is the Appellate Authority under the Municipal Corporation Act 1956, upholding imposition of property tax. In doing so, single judge Justice Narendra Kumar Vyas cited Section 149 of the Act which prescribes that the Appellate Authority is amenable to...

Procedural Safeguards Mandatory For Stigmatic Termination Even In Contractual Employment: Chhattisgarh HC

Chhattisgarh High Court: A Single Judge Bench of Justice Amitendra Kishore Prasad ruled that stigmatic termination of contractual employees requires adherence to procedural safeguards and natural justice principles. The court set aside the termination order of a Gram Rojgar Sahayak, and ruled that allegations of misconduct necessitate a proper inquiry and fair hearing even...

As Villagers Object, Chhattisgarh High Court Declines Christian Man's Plea To Perform Father's Last Rites In Common Graveyard

The Chhattisgarh High Court on Thursday (09 January) turned down the plea of a Christian man seeking permission and police protection for performing last rites of his deceased father at the village common graveyard, as villagers aggressively protested against the same and threatened him of dire consequences.The Bench of Justice Bibhu Datta Guru rejected the prayer apprehending any...

Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. Therefore, the employee, who was illegally terminated, was allowed to continue her service. Background Facts The employee was appointed on probation for a period of...