Court : Himachal Pradesh
Reported in : 1997ACJ831
..... the service conditions of the academic staff are, therefore, not purely ..... 4 and sub-divisional police officer, nurpur that since a case under section 304-a of the indian penal code, 1860 had already been registered against the school staff, the post-mortem of the dead bodies was to be conducted, whereupon, these parents/ relatives became violent and demanded that the bodies be handed over to them without ..... of the academic staff. ..... compensation should be awarded to the parents of the deceased children, although, the loss sustained by the parents due to the negligence of the school management, chairman and the staff is of great magnitude and cannot be exactly compensated in terms of money, however, we feel that awarding of reasonable amount of compensation may set off their agony to ..... the above rescue teams, one rescue party of the local villagers, mobilised by the pardhan of the gram panchayat and revenue staff, also joined the search operations in the morning of 29.5.1995 and searched the dead bodies of the missing students up to ..... although he has stated that he reached the spot on receiving the information and returned after giving appropriate instructions to the staff at the site to get in touch with the parents of the students, yet there is complete lack of initiative ..... in these circumstances, the responsibility of the chairman was greater since the staff accompanying the students were unknown to the place and the students were between the age group of 10 and 12 years with height in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP156
..... . (ii) section 12(c) of the act deals with powers and duties of the vice-chancellor and this provision of the act makes the vice-chancellor, the principal executive and academic officer of the university, who shall exercise general supervision and control over the affairs of the university and shall be responsible for its proper and efficient functioning ..... all the material, relevant facts as revealed in my discreet enquiries, it is with great reluctance but, in the interest of university, i form an opinion that the continuation of the present vice-chancellor in office is not only non-conducive for the academics in the university but also detrimental to the interests of the students and the university as a whole ..... . the atmosphere is neither conducive for the academic pursuits nor for the smooth day-to day functioning of the university ..... . the academic studies were suffering, it was not conducive for the academic pursuit of the smooth functioning of the university ..... . number of junior engineers, clerical staff, p.r.o, and lecturers were appointed without following the norms as per the details given in annexure r-l/1 which has resulted in considerable heart burning in the university ..... . he had also the occation to go through the relevant files and the representations made to him by various corss sections of the students, staff and employees of the h.p .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3134
bhawani singh, j.1. this appeal is directed against the acquittal of accused vinod kumar by sessions judge, hamirpur in sessions case no. 8 of 1989, dated april 30, 1990 for offence under section 302, indian penal code. the facts of the case may now be recorded briefly.2. vinod kumar (hereafter 'the accused') and ashok kumar (hereafter 'the deceased) were friends. on february 16, 1989, the deceased visited the accused in his shop in village khaterwar in the evening. both of them took liquor and started gambling by playing cards till late night. after winning sufficient amount from the accused, the deceased wanted to go home. the accused insisted that the gambling should be continued or the deceased should return the amount back. when the deceased did not agree, the accused poured kerosene oil from the stove on the person of the deceased and set him on fire. the deceased received burn injuries on his face and chest. the accused put a gunny bag on the person of the deceased in order to extinguish the fire. ram dass, owner of the shop, was residing in the ground floor of the same premises, heard the sound of foot steps in the upper storey at odd hours, came to the shop in question and found the shutters closed. he knocked and the shutters were opened by the accused. there was lot of smoke in the shop and it started coming out on the opening of the shutters. ram dass found the deceased sitting on the cot with burn injuries. accused had also burn injuries on finger tips of his .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... liberty has been given to the special officer for seeking assistance from such officers and staff of the government as he may deem fit in assessing the net amount payable etc. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP38
..... avoid the recurrence of the basic mistakes in the preparation of record-of-rights and assessment of land revenue in the current re-settlement, as per notifications, by taking immediate measures to provide experienced settlement trained staff for conducting the current settlement in the area in question under the 4th respondent, because the settlement officer being entrusted with the duty of making a general re-assessment and preparation of the revenue record, ..... to settlement, he can prepare an instruction book (hidayat bandobast) respecting records and other connected matters there with and assessment, for the guidance of the revenue officer and the staff but this should not be inconsistent with the provisions of the act and the rules framed thereunder and should have the approval from the state government. ..... it is well settled that even if a person moves a writ petition in his private interest, if he raises questions of public importance, such as in this case regarding the conduct of the revenue staff (settlement) as also the controlling officer, like 4th respondent, besides misuse of power by men in authority and power, it is the duty of the court to the public that the truth and the ..... map correction is best and quickest done by the patwari of the concerned circle with his previous knowledge of his villages and the patwari staff should, therefore, be supplemented by temporary establishment only to the extent necessary to ensure the tehsil being finished within two years from the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1994)ILLJ906HP
..... this does not in law confer any powers on the chief of army staff or the officers to issue a show cause notice and to award any displeasure to any officer or j.c.o. ..... the adjutant general or for that matter the chief of the army staff cannot issue any executive instructions to fill in the gaps or to cover the grey areas in relation to the conditions of service of the army personnel.' 15. ..... it is specifically stated on behalf of the respondents that the chief of army staff is the competent authority to grant substantive rank upto the post of major general and the case of the petitioner was considered by him. ..... the respondents seek to justify the issuance of this policy letter on the plea that the adjutant general is the principal staff officer responsible to the chief of army staff for maintenance of discipline in the army. ..... the severe displeasure awarded by the chief of army staff remains with the dossier of the officer and j.c.o. ..... chief of army staff, 1989(6) slr 236, and also by division bench of rajasthan high court in c.w.p. no. ..... the reply-affidavit filed on behalf of the respondents as well as the record which was placed before us in a sealed cover, we find that he was considered for confirmation/promotion to the substantive rank of brigadier by the chief of army staff. ..... the competent authority to consider the performance of the officer on the acting rank for his confirmation/promotion to the substantive rank is the chief of army staff. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1993CriLJ3556
bhawani singh, actg. c.j.1. certain provisions of the narcotic drugs and psychotropic substances act, 1985 (hereafter shortly the act') came for consideration before the division bench of this court in state of himachal pradesh v. sudarshan kumar, 1989 cri lj 1412. in these cases the accused had either been discharged since the prosecution had failed to produce the notifications under sections 41 or 42 and/or the trial court had found that the provisions of sections 50 and 55 of the act had not been complied with although they were mandatory in nature. in some cases, the accused had been convicted and sentenced to the minimum rigorous imprisonment prescribed under the act and the decisions had been assailed on merits. in these cases also it had been submitted that the mandatory provisions of the act had not been complied with and the convictions were liable to be set aside.2. the matter was examined quite exhaustively and it was held that the provisions of sections 41(2), 42(2) and 50(1) of the act are mandatory in nature, in case the investigation is started on the basis of an advance information. similarly, sections 52(1) and 57 of the act were also found mandatory in character but sections 52(2), 52(3) and 55 of the act were held directory, unless miscarriage of justice to the accused was there. 3. although, as noticed above, the bench had before it cases detected on the basis of prior information, but it discussed cases of chance recovery. it is important to reproduce the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
..... at times they became violent and tried to snatch belongings of the willing workers and servants of staff living inside the factory and were clearly guilty of unfair labour practices mentioned at clauses 2 (b) and 8 of part ii of fifth schedule of industrial dispute act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ2400
..... she only wanted in the interest of the school that private cars of the staff members including the car of the complainant were not parked in the senior school premises. ..... the complainant was permitted to bring his car in the senior school premises to load his luggage but she has made it clear that under the 'norms and procedure' of the school private cars of the staff members could not be permitted to be parked in the senior school premises. ..... that during working hours only half of the gate is kept open to permit entry of the students and other persons on foot and thereafter the gate is locked by means of a chain which permits the entry of only staff on foot. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1990HP56
..... while dealing with the cases of suspension of certain student's for ragging in the college, the learned judges of the court observed that in academic disciplinary proceedings, the principles of natural justice should not be applied with a strict standard, provided the proceedings are substantially fair.17. ..... with regard to other averments of the petitioners, it is stated that the financial loss and academic toss to them was due to their own fault and not because of the fault of the respondent. .....
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