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...

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor

The Chhattisgarh High Court on Thursday allowed the prayer of a minor rape victim for abortion of her 24 weeks 6 days old foetus and held that a victim/prosecutrix cannot be compelled to give birth to the child of her rapist.While emphasizing the right to bodily autonomy of the victim/petitioner, the Single Bench of Justice Bibhu Datta Guru observed –“The victim of rape must be given...

Chhattisgarh HC Takes Suo Motu Cognizance Of Alleged Discrepancies In Jal Jeevan Mission Claims In Bilaspur Villages

The Chhattisgarh High Court has taken suo motu cognizance of alleged discrepancies in the implementation of the Jal Jeevan Mission in certain villages of the Bilaspur district of the State. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took note of a Dainik Bhaskar report, claiming that the officers of the Public Health Engineering Department had...

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

The Chhattisgarh High Court has recently commuted the extreme sentence of death awarded by a Sessions Court to a man who was found guilty for commission of murder of his wife and three minor children.While finding the crime to be heinous but not 'rarest of rare', the Division Bench of Chief Justice Ramesh Singh and Justice Amitendra Kishore Prasad observed –“Though it shocks the conscious...

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that raping a dead body is one of the most horrendous acts one can think of, but the same doesn't amount to any offence punishable under rape laws or the POCSO Act. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that for the commission of an offence of rape, the victim should be alive. The bench...

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. Brief Facts The claimant is a partnership firm and registered contractor with South Eastern Coalfields Ltd. (SECL). The claimant was awarded a contract...

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice.While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held –“It is trite law that the...