Case BriefsHigh Courts

Rajasthan High Court: The Division Bench of Indrajit Mahanty, CJ and Mohammad Rafiq, J., dismissed a petition challenging an order passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur.

 In the present case, the respondent was sanctioned one year of study leave from 01-10-2010 to 30-09-2011 for pursuing a two-year course in MBA on a regular basis. The duration of the course was two years and the respondent had applied for an extension of leave for another year. The leave was not extended by the applicant hence the respondent had to join the duties on 03-10-2011. The applicant-department thereafter had asked the respondent to submit the necessary documents for consideration of the leave extension which was thereafter rejected.

The Court upon perusal of the records reiterated the decision of the Tribunal wherein it was stated “In the present case, the applicant has furnished a certificate of satisfactory performance for one year of study which the respondents allowed him against the two year course. As such therefore, it would be manifestly unjust for any claim to be made to the effect that it was the applicant’s fault that the did not complete the course when it is clear from the record and the admission of the respondents themselves that he was not granted the necessary extension of leave in order to do so. As the applicant did not overstay the period of leave granted in substantive terms and continues to serve with the respondents after rejoining duties, there appears to be no justification for visiting him with the recovery demand in question.”

High Court thereafter referred to the Rule 14 of the Study Leave Rules in the Indian Railway Establishment Code Volume-I, which provides for recovery in a situation where the applicant does not complete the course due to his/her own fault whereas in the present case, the respondent was unable to pursue the course because of the applicant-department declining the extension.

The Bench upheld the order passed by the respondent and dismissed the present application. [Union of India v. G.S. Rathore, 2019 SCC OnLine Raj 3943, decided on 22-10-2019]

Case BriefsTribunals/Commissions/Regulatory Bodies

Central Electricity Regulatory Commission (CERC): Coram of P.K. Pujari (Chairperson) and Dr M.K. Iyer (Member) and I.S. Jha (Member) allowed the petition of the Odisha Power Generation Corporation Limited for drawal of start-up power and injection of infirm power from Unit-4 of the petitioner`s Thermal Power Plant at Jharsuguda to complete the auto loop tuning and unit stabilization on full load for the period up to 23.10.2019 or actual date of commercial operation, whichever is earlier, in terms of clause (7) of Regulation 8 of the Central Electricity Regulatory Commission Regulations, 2009.

The Fourth Proviso to Regulation 8(7) of the Connectivity Regulations provides that the petitioner can seek an extension of the period for the interchange of power on an application to be filed at least two months in advance of the completion of the prescribed period. The petitioner could not approach the Commission within the stipulated time due to the technical failures faced at their Unit which were beyond the control of the petitioner. Therefore, it was constrained to file the present petition after the deadline of 23.5.2019, seeking an extension of time for drawal of infirm power.

The Commission after taking into consideration the difficulties expressed by the petitioner allowed the instant petition, however, clarifying that extension of time granted as above shall not entitle the petitioner for IEDC/IDC for the delay in declaration of COD from the scheduled COD which will be decided in accordance with the relevant provisions of the Tariff Regulations.[Odisha Power Generation Corpn. Ltd. v. Eastern Southern Regional Power Committee, 2019 SCC OnLine CERC 74, decided on 22-07-2019]

Hot Off The PressNews

The due date for filing of Income Tax Returns for Assessment Year 2019-20 is 31-07-2019 for certain categories of taxpayers. Upon consideration of the matter, the Central Board of Direct Taxes (CBDT) extends the ‘due date’ for filing of Income Tax Returns from 31-07-2019 to 31-08-2019 in respect of the said categories of taxpayers.

[Press Release dt. 23-07-2019]

Ministry of Finance

Cabinet DecisionsLegislation Updates

Based on the prevailing situation in the state as stated in the report of Governor of Jammu and Kashmir, the Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the extension of President’s Rule in Jammu and Kashmir for a further period of six months with effect from 03-07-2019, under Article 356(4) of the Constitution of India.


The decision implies that the President’s rule in Jammu and Kashmir will be extended for a further period of six months with effect from 03-07-2019.

The present term of President’s Rule is expiring on 02-07-2019 and the Governor has recommended that President Rule in the State may be extended for a further period of six months with effect from 03-07-2019.


A resolution seeking approval of parliament for the same will be moved in both the houses of parliament during the forthcoming session.


The Governor of Jammu & Kashmir issued a proclamation on 20-6-2018 under Section 92 of the Constitution of Jammu and Kashmir with the concurrence of the President of India, thereby assuming to himself the functions of the Government and Legislature of the State and making some incidental and consequential provisions. The State Assembly, initially kept in suspended animation was dissolved by the Governor on 21-11-2018.

The proclamation issued by the Governor on 20-6-2018 ceased on 19-12-2018 after six months. Under Section 92 of the Constitution of Jammu and Kashmir, there is no provision for further continuation of such Proclamation after six months. Hence, on the recommendation of Governor and having regard to the prevailing situation in the State, President issued a proclamation promulgating President’s Rule in J&K under article 356 of the Constitution of India. Subsequently, a Resolution approving the subject Proclamation by President was passed in the Lok Sabha on 28-12-2018 and in the Rajya Sabha on 03-01-2019.

The present term of President’s Rule is expiring on 02-07-2019 and the Governor has recommended that President Rule in the State may be extended for a further period of six months with effect from 03-07-2019.

[Press Release dt. 12-06-2019]


Business NewsNews

‘Changes in RTGS time window’

It has been decided to extend the timings for customer transactions (initial cut-off) in RTGS from 4:30 pm to 6:00 pm. Accordingly, the RTGS time window with effect from June 01, 2019 has been stated in the official notification to which the link is given below.

 The directive is issued under Section 10 (2) read with Section 18 of the Payment and Settlement Systems Act 2007 (Act 51 of 2007).

*Please follow the link for official Notification: Notification

[Notification dt. 28-05-2019]

Reserve Bank of India