#patnahighcourt

[soolegal]

Wife can file complaint under Section 498A IPC for cruelty even if she has consented to husband's second marriage: Patna High Court

For further information, refer to this News Report By SoOLEGAL.

[seemabhatnagar]

Reformatory Punishment

Distinctive way of dealing with the accused. It is more of reformative and constructive approach by the State and the Court. Normally, State opposes bail application. Here, instead of opposing the bail State came out with reformative suggestion and simultaneously imposing responsibility. Radhe Sharma v. The State of Bihar Crl. Misc Case No. 57511/2022 Before Hon'ble Mr. Justice Anjani Kumar Sharan, Patna High Court This a case where alleged accused Radhe Sharma is seeking anticipatory Bail before the Hon'ble Patna High Court, for the offences punishable u/s 21AA of the Bihar Minor Mineral Concession Rules 1972 & Section 15* of the Environment Act 1986. Section 15* if any person fails to comply with or contravenes any provisions of this Act, or rules made or orders or directions issued, he would be punishable with imprisonment for a term which may extend to five years or with a fine up to Rs. 1 Lakh, or with both. Contention of the petitioner's Counsel He is falsely implicated in the case. The allegation levelled against him are general not specific. Distinctive approach of the State Counsel Mr. Naresh Dixit If the petitioner plants 500 trees in the area specified by the District Mines Officer, Sheikhpura and undertakes to take responsibility for their up-keeping for a period of six months, the State has no objection if anticipatory bail is granted to the petitioner, for which plants will be given to the petitioner free of cost by the District Mines Officer, Sheikhpura. Order of the Hon'ble Patna High Court Petitioner is released on bail. However, it is made clear that if the petitioner fails to abide by the terms and conditions as submitted by the State's Counsel and recorded by this Court, the Mines Department will be at liberty to file an application for cancellation of bail of the petitioner before the Court below.

[leadindia011]

Legal Procedure To File Habeas Corpus In Patna High Court

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[sarkarijobchayan]

Patna High Court Assistant Syllabus 2023 and Exam Pattern. Download PDF Syllbus Written Descriptive Exam Computer Proficiency Test Interview.1.GA 2.Maths3.Hindi

[gauranshlawfirm]

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[indgovernmentjob]

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[net4news]

Undertaking order received by District Magistrates regarding land acquisition for National Highway

Patna High Court. The Patna High Court on Monday reviewed and heard several cases related to national highways in the state. The hearing was held before a division bench of Chief Justice Sanjay Karol and Justice S Kumar. The District Magistrates of Gaya, Jehanabad, Vaishali, Darbhanga, Samastipur, Nalanda and Patna were present virtually before the Bench, who presented their reports regarding land acquisition cases and removal of illegal encroachments in their respective districts. First of all, the Bench took information from the District Magistrates about a prestigious green field project to be built in Bihar under Bharat Mala Project, which starts from Aurangabad and goes to Darbhanga and said that land should be acquired for this green field project at the earliest. Give it to NHAI, so that work can be started on it. Senior advocate SD Sanjay, on behalf of NHAI, told that for this project, about Rs 1300 crore is to be given by the central government for land in Bihar, for which till now more than six hundred crore rupees are before the land acquisition officers of the districts. has been submitted. Also, the remaining money will also be deposited by the end of this month. After this the tender will be given to the contractor. If there is a delay in getting the land, then this project will also get delayed. On this, the Bench has asked all the District Magistrates to give a written undertaking that they must acquire the land in their respective districts within 2-3 months and hand it over to the NHAI. All the district magistrates have given assurance that by November 30, they will finish the land acquisition and hand it over to NHAI. In another case also for Hajipur-Muzaffarpur road, the district magistrates told the court that all the encroachments around Ramashish Chowk, Hajipur have been removed. The police station building has been vacated and the bus stand and tempo stand have been removed. On this, the court has directed NHAI to start work on it from tomorrow itself. The next hearing on the said matter will be held on August 18. There is more news... . Source link Read the full article

[soolegal]

Conviction under POCSO Act cannot be sustained if the age of the survivor is not established : Patna High Court

For further information, refer to this News Report By SoOLEGAL.

[seemabhatnagar]

A service matter that exposes how rules and regulation can be ridiculed and misused.

Rovins Kumar v. The Lalit Narayan Mithila University Darbangha & 4 others.

Writ Petition allowed on 30.05.2023

By Hon’ble Mr. Justice Anil Kumar Sinha

Patna High Court

This is a service matter where the petitioner Rovins Kumar challenges the appointment of Respondent Kalpana Kumari on the post of Librarian at The Lalit Narayan Mithila University, Darbangha. As per the advertisement preference will be given to the woman candidate in selection. But in this case what to say of preference, the appointment procedure itself was an eye wash. Basic procedure of appointment was not followed. Court made specific query with respect to thename of the members of the Interview Board/Selection Committee, but no response came from the side of the. In short, a complete mockery of the interview procedure.

Background

The instant case is filed for quashing the appointment of Respondent Kalpana Kumari on the post of Librarian appointed pursuant to advertisement published by the Registrar, Lalit Narayan Mithila University, Darbhanga under the orders of the Vice Chancellor of the University.

The advertisement prescribed that the appointment shall be on contract basis on the basis of interview only scheduled for 20.02.2015.

Argument of the Petitioner’s Counsel:

The petitioner claimed to be Master of Library and Information Science and fulfilling the eligibility criteria for appointment. Altogether eight candidates were called for interview on 20.02.2015, including the respondent Kalpana Kumari, but the name of the petitioner did not figure in the list of applicants selected for the interview.

As such, the petitioner filed a representation on 20.02.2015 to allow him to appear in the interview. The representation of the petitioner was considered and the petitioner, along with six other candidates, were called for interview, held on 24.02.2015.

Finally, Respondent Kalpana Kumari was selected for the post of Librarian.

Aggrieved by the appointment of Respondent Kalpana Kumari, petitioner challenged her appointment by means of Writ Petition before Patna High Court on the ground that he has Masters in Library & Information Science. More so he has been working at the University as librarian since 2007.

Whereas Respondent Kalpana Kumari is working as peon since 2011.

Respondent Kalpana Kumari was appointed as Librarian on extraneous consideration as she happened to be the daughter of the PA to the Vice Chancellor of the University.

Further selection was made on the basis of interview held on 20.02.2015 & the interview of dt 24.02.2015 in which petitioner along with other candidate participated was not taken into consideration.

Evaluation sheet presented before the court only shows the name of candidates interviewed on 20.02.2015 and evaluation sheet of 24.02.2015 was not even presented before the Court by the University authorities.

Argument of the Counsel of Respondent’s University:

Respondent Kalpana Kumari fulfilled the requirement for the post and was appointed as female candidate was to be given preference as per advertisement.

Petitioner participated in the selection process if he is not selected than he can not challenge the selection process.

Observation of the court:

The attendance sheet of all the appearing candidates have been brought on record by way of second supplementary affidavit.

As per the documents on record it appeared that a sort of scrutiny was done with regard to eight candidates relating to their educational qualification and experience who appeared for interview on 20.02.2015.

The attendance sheet of the candidates, including the petitioner, who were called for interview on 24.02.2015, merely contains their signatures no scrutiny with regard to their education qualification and experience was done.

No reply or any document came forward from the side of the respondents on the pointed query of the Court as to who all were the members of the Interview Board/Selection Committee, who conducted the interview on 20.02.2015 and 24.02.2015, respectively.

The evaluation/marking done by the Interview Board/Selection Committee also not been brought before this Court.

The merit list does not contain the inter se merit of the candidates and their performance in the interview.

I am of the opinion that the selection/appointment on the post of Librarian was not done in fair manner and the contention of the petitioner is correct that the appointment of respondent Kalpana Kumari has been made for extraneous consideration.

The basic procedure for appointment, i. e. constitution of the Selection Committee, constitution of the Interview Board, assessment/marking done by the Interview Board of the candidates for the purpose of deciding the inter se merit has also not been done.

The contention of the respondents that as per the advertisement, the female candidate was to be given preference is not acceptable, inasmuch as the ‘preference’ connotes that other thing being equal, the women candidate shall be given preference.

When assessment/marking/evaluation of the candidates have not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference has no meaning.

Decision:

The contention of the petitioner is correct that there was serious discrepancy in the process of appointment as such the appointment of the Respondent is quashed as not sustainable in the eyes of law with liberty to make fresh appointment on the post of Librarian in accordance with law and after giving opportunity to all eligible candidates.

Seema Bhatnagar

[hamarirai]

वाराणसी-लंका थाने से लापता हुए BHU छात्र के मामले पर हाई कोर्ट ने उठाए गंभीर सवाल, एसएसपी को किया तलब वाराणसी के लंका थाने से लापता छात्र के मामले में हाइकोर्ट ने कई गंभीर सवाल खड़े किए हैं। इस मामले में कोर्ट ने एसएसपी वाराणसी को 3 सितंबर को व्यक्तिगत हलफनामे के साथ उपस्थित होने का आदेश देते हुए कहा है कि कोर्ट को बताया जाए की अब तक इस मामले में क्या-क्या कार्रवाई की गई है?