[Service Law] Ex-Parte Inquiry Does Not Justify Returning Findings Without Evidence: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that conducting an ex parte inquiry does not grant the Inquiry Officer the freedom to return findings against an employee without any evidence.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Ex Parte Inquiry does not mean that Inquiry Officer is free to return findings in favour of Department but against the employee without any evidence on record”.Background Facts:The petitioner, Vinod Kumar, served as a Superintendent Grade-II in...

'Motorcyclist Appeared Suddenly, From Wrong Side Of Highway': HP High Court Upholds Acquittal Of Car Driver Over Fatal Accident With Bike

The Himachal Pradesh High Court has upheld the decision of the trial court in dropping charges against the driver of a Scorpio who was involved in a fatal collision with a motorcycle upon noting that the car was being driven on the correct side of the road, but the motorcycle had suddenly appeared from the wrong side of the highway at an intersection, leading to the car being unable to stop and the subsequent crash.While perusing statements by the victim, Justice Rakesh Kainthla said:...

Penalty Can't Be Imposed Based On Vague And Inconclusive Inquiry Findings: Himachal Pradesh High Court

Himachal Pradesh High Court quashed a penalty imposed on a government doctor, holding that a vague and inconclusive inquiry report can't be used to impose penalty or take disciplinary action. Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Therefore, when an inquiry report is accepted which does not conclude that charge against petitioner had been proved, it could not have...

State Should Not Use Temporary Appointments To Escape Regularization And Avoid Responsibilities: Himachal Pradesh High Court

Himachal Pradesh High Court held that the State and its functionaries can't use unfair practices to deny regularization to temporary employees who have completed required service years, stating that keeping employees in temporary posts to avoid granting them the benefits of regularization is exploitative and legally unjustified.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “State...

Amount Deposited Under Protest Can't Be Treated As Admission Of Tax Liability: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when a taxpayer deposits an amount “under protest”, it does not amount to an admission of tax liability.A Division Bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed as follows; “Once the petitioner had deposited the amount 'under protest', the same could not have been considered to be an admission of liability because...

In Land Disputes, Only Demarcation Issue Should Be Reconsidered If Report Is Irregular, Entire Suit Need Not Be Remanded: Himachal Pradesh High Court

Himachal Pradesh High Court held that if the Local Commissioner's demarcation report is found to be irregular, only the report should be sent back for a fresh demarcation. The entire suit need not be remanded for reconsideration. Justice Vivek Singh Thakur: “if the report of the Local Commissioner was suffering from an irregularity i.e., want of following the applicable...

Lessee Falls Within Definition Of Occupier And Is Bound To Deposit EPF Contributions: Himachal Pradesh High Court

Himachal Pradesh High Court held that a lessee who had control over the operations of a factory fell within the definition of "occupier" under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and was therefore legally bound to deduct and deposit Employees Provident Fund contributions into the statutory fund. Justice Rakesh Kainthla: “Therefore, the petitioner...

Medical Reimbursement Can't Be Denied On Flimsy Grounds When Claim Is Admissible Under State Policy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a medical reimbursement claim cannot be denied on flimsy or irrelevant grounds when it was admissible under the beneficial policy of the State Government. A Division bench of Justice Vivek Singh Thakur & Justice Ranjan Sharma held as follows; “Once a medical claim is admissible in terms of beneficial policy of the State, the same...

Valid BPL Certificate Alone Sufficient For Award Of BPL Marks; Separate Income Certificate Not Mandatory : Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising of Justice Vivek Singh Thakur and Justice Ranjan Sharma held that a valid BPL certificate issued by the competent authority is sufficient for awarding BPL marks in recruitment; requiring a separate income certificate is unjustified. Background Facts The Himachal Pradesh State Electricity Board Limited (HPSEBL) issued...

Teaching Experience Prior To Recognition Of Medical College Can't Be Counted Towards Eligibility : Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising of Justice G.S. Sandhawalia, Chief Justice and Justice Ranjan Sharma held that teaching experience acquired before the formal recognition or establishment of a medical college under Section 10A of the Indian Medical Council Act, 1956, cannot be treated as valid for the purpose of determining eligibility for appointment to...

MV Act | Married Daughters Of Deceased Entitled To Compensation For Loss Of Consortium, Not For Loss Of Financial Dependency

Himachal Pradesh High Court held that under the Motor Vehicles Act, compensation for loss of income is only awarded to family members who were financially dependent on the deceased. However, married daughters, though not financially dependent on their father, are still entitled to compensation under the head of loss of consortium.Justice Vivek Singh Thakur: “The dependent legal heirs,...

State Must Ensure Fair Promotions And Equal Treatment Of Employees: Himachal Pradesh High Court

Himachal Pradesh High Court held that government authorities must fill vacant posts in accordance with the prescribed recruitment rules and must uphold fairness and equality in public employment. Justice Satyen Vaidya: “It is not expected from the executive of a welfare State to be partisan with one of its employees as against the other. Its role has to be of a model employer and...