Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

Encroacher Cannot File Prohibitory Injunction Against True Owner Of Land: Himachal Pradesh High Court

The Himachal Pradesh High Court (“High Court”) bench of Justice Rakesh Kainthla dismissed a review petition on the ground that the encroacher of the state land cannot file a prohibitory injunction against the true owner of the land.Background Facts: The review petition has been filed by the petitioner seeking review of judgement titled Subhash Chander Mahendra (deceased through...

Himachal Pradesh HC Flags Moral & Professional Decline In Police Force, Suggests Reforms Like 8-Hour Shifts, Psychiatric Counseling

Expressing concern over the “moral and professional deterioration” within sections of the police force, the Himachal Pradesh High Court on Monday suggested a slew of measures aimed at reforming and modernising the state police. The suggestions include 8-hour shifts, welfare corpus, housing scheme, career promotions, liberal leave policy, recreational facilities (gym, pool), access...

Candidate Can't Challenge A Post As Illegal & Claim Entitlement To Appointment On Same Post : Himachal Pradesh HC

The Himachal Pradesh High Court bench comprising of Justice Satyen Vaidya held that a candidate cannot claim appointment to a supernumerary post, especially when such post itself is challenged by the candidate as illegal. Background Facts Petitioner applied for the post of Associate Professor in the department of Environmental Sciences. The respondent University had...

Delay Beyond Prescribed Period U/S 34(3) Of Arbitration Act Cannot Be Condoned In View Of Inapplicability Of S.5 Of Limitation Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that Section 5 of the Limitation Act, 1963 (Limitation Act) does not apply to a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, if the petition is not filed within the prescribed period as laid down under Section 34(3) of the Arbitration Act,...

Daily Wage Workers With 8+ Years Service Eligible For Pension Even If Total Service Falls Short Of 10 Years: HP HC

Himachal Pradesh High Court: A single judge bench of Justice Satyen Vaidya granted pension benefits to a daily wage worker despite initial calculations showing less than the required qualifying service period. The court ruled that daily wage service, when followed by regularization, must be counted towards pension eligibility. The bench further held that workers having 8+ but less than...

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Ranjan Sharma has held that the mandate of the Arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996 (Arbitration Act) if the arbitral proceedings are not completed within 12 months due to reasons not attributable to the petitioner, as failing to do so would cause grave prejudice to the...

Himachal Pradesh HC Directs Boxing Federation Of India To Allow BJP MP Anurag Thakur To Participate In Its Upcoming Polls

The Himachal Pradesh High Court on Thursday effectively stayed Former sports minister and five-time BJP MP from Hamirpur Anurag Singh Thakur's disqualification from the Electoral College and directed the Boxing Federation of India (BFI) to extend the date of nominations so that Thakur could file his nomination and participate in the polls."...respondents shall extend the last date...

Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC

Himachal Pradesh High Court: A Single Judge Bench of Justice Ajay Mohan Goel set aside the termination of a daily wage worker's services. The court noted that the termination was done under the guise of retrenchment following a preliminary inquiry. It upheld the Labour Court's finding that termination based on alleged misconduct without conducting a proper departmental inquiry...

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed that, "It...

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination.Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has...

'Union Cannot Be Permitted Free Play': Himachal Pradesh High Court Dismisses Centre's Plea Challenging AFT Order Citing 2 Yrs Delay

The Himachal Pradesh High Court has dismissed a batch of pleas filed by the Centre Government challenging the order of the Armed Forces Tribunal (AFT) on the ground of delay, observing that the Union of India cannot be permitted free play, to challenge the orders at its own whims and fancies after a period of over two years.Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma said,...