Justice Sandeep Sharma Archives

‘Withdrawal of premature retirement allowed before effective date’; Himachal Pradesh HC reinstates Government Degree College’s Principal under CCS Rules

“The appointing authority has no discretion to refuse withdrawal if the request is made before the notice period lapses and before the retirement has actually taken effect. The employee cannot be treated as functus officio during the notice period”.

Case Briefs High Courts

‘Cannot be compelled to work against his wishes’; Himachal Pradesh HC directs IGMC Shimla to give NOC to doctor seeking new job

The Court directed the Doctor to deposit the bond money to the authorities since he had signed a bond stating that he would serve the State for 7 years upon the completion of his education, failing which he would have to deposit the default amount of Rs. 60 Lakhs with interest.

Case Briefs High Courts

Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage

No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.