Court : Himachal Pradesh
Sanjay Karol, J Oral: 1. Petitioner has assailed the order dated 17.8.2012 passed by Special Judge (Forests), Shimla in case No.2-S/7 of 2009, titled as State of H.P. versus H. S. Thakur and others. In terms of the impugned order, petitioner stands charged for having committed an offence punishable under Section 120-B of the Indian Penal Code alone, whereas co-accused stand charged for having committed offences punishable under Sections 120-B, 468, 415/420, 471, 201 of the Indian Penal Code. Additionally, one of the accused person has also been charged for having committed an offence punishable under Section 13 (2) of the Prevention of Corruption Act. 2. Before I deal with the legal issue, facts leading to the filing of challan before the trial Court, as noticed by the Court, are reproduced herein below: I have gone through the Charge-sheet and other documents. As per prosecution case Sh. H.S. Thakur was Registering and Licencing Authority (Rural), Shimla and Sh. Kamal Kumar Rohal was ...
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Oral: Dharam Chand Chaudhary, J. By means of the present writ petition, following reliefs have been claimed: i) That impugned communication dated 20.10.2011 may kindly be quashed and set aside. ii) That contract of the petitioner may kindly be renewed as the post is still lying vacant as other similar situated persons have been allowed to continue. 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. iii) That the respondents may be directed that after re-engaging the petitioner, he may be given all consequential benefits. 2. The factual position as emerges from the perusal of the record is that the petitioner was appointed as driver on contract basis in the year 2003 in the office of 3rd respondent initially for a period of one year renewed subsequently on year to year basis. He was deputed with the vehicle attached to the office of Chief Medical Officer, Haroli, District Una. On 16/17.10.2006, a criminal case under Section 307 and 308, IPC read with Sectio...
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1. Petitioners have undertaken Junior Basic Teacher training from Government DIETs in the academic Session 2008- 2010. Case of the petitioners, in a nutshell, is that the respondent-State has appointed Primary Assistant Teachers against the post(s) of JBTs. According to the petitioners, the persons, who were appointed as Primary Assistant Teachers, even do not possess the minimum essential qualification of JBT. According to the petitioners, there are about 1461 candidates, who have undertaken JBT training from DIETs and 800 candidates have undertaken their JBT training from private institutions affiliated to the Himachal Pradesh Board of Education. 2. Case of the respondent-State is that the Primary Assistant Teachers were appointed, since the eligible/qualified candidates were not ready and willing to serve in tribal/hard areas. Further case of the respondent-State is that the Primary Assistant Teachers are serving for the last 8-9 years and if they are disengaged, it would result in ...
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Dev Darshan Sud, J. (Oral). The appellant challenges his conviction under Sections 452 and 376 of the Indian Penal Code sentencing him to undergo rigorous imprisonment for a period of two years under Section 452 I.P.C. and fine of Rs.5,000/- and rigorous imprisonment for a period of seven years and fine of Rs.20,000/- for offence under Section 376 I.P.C . 2. The case of the prosecution is that the prosecutrix PW1, who is minor and student of 8th Class studying in Senior Secondary School, Ghumarwin, had been raped by the accused. 3. The case of the prosecution is that F.I.R. No. 133 of 2011 (Ext.PW9/B) was lodged in Police Station, Ghumarwin on the statement Ext.PW1/A of the prosecutrix under Section 154 Cr. P.C. The narration of the incident is thus: 4. The complainant was a student of 8th Class who had lost her father and mother was Pagal (mentally unstable). Her elder brother was died. She has two brothers Praveen Kumar and Mahinder Pal, who were working as carpenter and welder respe...
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Dev Darshan Sud, J. 1. Both these petitions are being disposed of by this common judgment as the same point of law has been urged. The factual matrix is different which will be considered separately. CWP No.4048 of 2009. 2. This writ petition has been preferred by the Employees Provident Fund Commissioner praying therein that the order passed by the Employees Provident Fund Appellate Tribunal, New Delhi, (Annexure P-9) dated 10th September, 2009 be quashed and set aside. 3. The learned Tribunal notes that after admission of the appeal the case was adjourned twice for filing of reply, but no reply was filed by the respondents. The appellant Himachal Pradesh Tourism Development Corporation Limited (hereinafter referred to as `Corporation) had filed an application under Section 151 of the Code of Civil Procedure (hereinafter referred to as `CPC) praying for refund of the amount deposited by it against the order challenged in appeal. The application pleaded that the Corporation was facing ...
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Kuldip Singh, J. (Oral) This petition is directed against judgement dated 5.6.2012 passed by learned District Judge, Kinnaur Civil Division, at Rampur Bushahr in Civil Misc. Application No. 1 of 2012 affirming the order dated 14.3.2012 passed by learned Civil Judge (Junior Division) Rampur Bushahr in case No. 62-1 of 2011 in CMP No. 48-6 of 2012. 2. The facts in brief are that petitioner has filed a suit for declaration and injunction against the respondents and others that he and his two brothers had inherited the landed property from their father Azeem Ulla, who constituted Hindu Joint Family. In April 1969 the petitioner and his two brothers entered into a family settlement and in such family settlement land comprised in specific khasra numbers had been allotted to each brother according to their convenience. After the settlement, the area so allotted in family settlement had been coming in their possession since then. The petitioner has developed the share, which came to him in fam...
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Rajiv Sharma, J. 1. Petitioner was appointed Junior Engineer in the respondent-Board on 16.7.1984. He was promoted to the post of Additional Assistant Engineer after completion of eight years service. He was further promoted to the post of Assistant Engineer in the month of September, 2003 and Senior Executive Engineer in the month of September, 2008. He retired on 31.1.2009. Deputy Secretary (GE) sent a communication to the Chief Accounts Officer on 26.2.2009 requesting him to withhold an amount of Rs. 10,34,746/- from the retiral benefits of the petitioner until and unless the clearance of MAS/completion reports and regularization of excess over sanctioned estimates of the works executed by the petitioner. The Accounts Officer (Pension) also sent a communication to the Accounts Officer (P.G.) vide Annexure P-2 on 21.9.2011, according to which a sum of Rs. 10,34,746/- was recoverable from the petitioner, which was required to be adjusted accordingly from other dues payable to the peti...
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Dharam Chand Chaudhary, J. Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20-N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt. 2. The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of...
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Dev Darshan Sud, J. The appellants challenge the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the accused of offences under Section 304-A I.P.C. Two appeals arise out of the same judgment, viz. Cr. Appeal No. 170 of 2005 titled State of H.P. and Surinder Pal Singh and Cr. Appeal No. 97 of 2005 titled State of H.P. Vs. K. Shanmugham and are being disposed of by this common judgment. 2. According to the prosecution, on 28.5.1995, 77 students (59 boys and 18 girls) and staff members of Dalhousie Public School, Badhani (Pathankot) (hereinafter DPS for short) went for a picnic on 28.5.1995 on the banks of river Beas at Tanda Patan, Indora. Both the accused according to the prosecution had been deputed by the head master to look after and ensure the safety of the students studying in 5th and 6th classes. 3. During lunch break, the accused entered the river and inspected the water level to ascertain whether it was safe for children. A zone was ...
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Sanjay Karol, J. 1. The issue, which arises for consideration in these petitions, is as to whether names of the Reporting, First and Second Review/Accepting Authority, authors of the Annual Confidential Reports (for short ACRs) of respondent Santosh Kumar Kaushal (hereinafter referred to as the applicant), can be disclosed to him under the provisions of the Right to Information Act, 2005, or not. 2. Applicant, who is presently posted as Manager (OSD) in the State Bank of India, The Mall, Shimla (hereinafter referred to as the Appropriate Authority), Whether reporters of the local papers may be allowed to see the judgment? sought following information vide application dated 17.8.2010 (Annexure P-1): œ(i) Whether cognizance was given to Self Appraisal submitted by the Reportee: Yes/No (ii) Name of Reporting Authority, Designation and Grade Scale: (iii) Name of Reviewing Authority/Accepting Authority, Designation and Grade Scale: (iv) Name of members of IInd Reviewing Authority/ Acc...
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