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High Court Judgements

HIGH COURT JUDGEMENTS

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Recent Judgements   

High Court Judgements – Subject-Wise

1. RTI
2. Service Matters
3. General

1. RTI

Section 8(1)(e) 
Delhi HC: “Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provide for blanket exemption that entitles the respondent to withhold all notings on a file.”

  Delhi HC Judgement dated 12.02.2018 - Paras Nath Singh Vs. Union of India (266.0 KiB, 1,128 hits)

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LegalHelp 1

Section 11(1) 
Delhi HC: ” …. the reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, is flawed.”

  Delhi HC Judgement dated 12.02.2018 - Paras Nath Singh Vs. Union of India (266.0 KiB, 1,128 hits)

Delhi High Court has directed it to maintain a record of daily proceedings and upload it within three days of the hearing a case. [Sections 8(1)(j), 11(1), 19(3); Personal Information of Third Parties]

  Delhi HC Order dated 13.09.2017 - M/s SDB Infrastructure Pvt. Ltd. Vs. Central Information Commissioner & Ors. (225.1 KiB, 312 hits)

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No Absolute Exemption To The CBI From RTI Act [Sections 24 (1), 8(1)]

  Delhi HC Judgment dated 07.09.2017 - CPIO, CBI Vs. CJ Karira (176.3 KiB, 869 hits)

Sections 8(1), 11(1); Personal Information of Third Parties 

  Delhi HC Order dated 04.09.2017 - RK Jain Vs. Central Information Commission through its Secretary (70.9 KiB, 335 hits)

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HC upheld the CIC Order of January 18, 2017 with clarification to direct disclosure of information by redacting personal information pertaining to third parties. [Sections 8(1)(e) and (i), 11(1), 19(3); Personal Information of Third Parties] 

  Delhi HC Order dated 25.08.2017 - The CPIO, Department of Personnel and Training Vs. Central Information Commission & Anr. (232.1 KiB, 329 hits)

   
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Hon’ble Delhi High Court has upheld a CIC order directing the Centre to give IFS officer Sanjiv Chaturvedi a copy of the Intelligence Bureau (IB) report regarding alleged harassment and false cases filed against the whistle-blower for exposing graft during his tenure as forest officer in Haryana. 

  Delhi HC Judgement 23.08.2017 - CPIO, Intelligence Bureau Vs. Sanjiv Chaturvedi (448.0 KiB, 370 hits)

2. SERVICE MATTERS

Compulsory Retirement * Delay in conducting departmental inquiry *Habitual Indebtedness * Pension * Reservation * Sexual Harassment

Compulsory Retirement — “… the order of compulsory retirement is not to be treated as a punishment and carries no stigma. The rule of compulsory retirement has been held to hold the balance between the rights of the individual government servant and the interest of the public administration.”  

  Bombay High Court Judgement dated 07.05.2014 - Mahesh Prabhakar Kamat Vs. Kamba Transport Corporation Ltd., Goa, & Others (149.6 KiB, 2,810 hits)

 Delay in conducting departmental inquiry 

  Delhi High Court Judgement dated 02.07.2012 - Union of India & Anr. Vs. B.A. Dhayalan (304.0 KiB, 3,328 hits)

 Indebtedness 

  Delhi High Court Judgment dated 21.12.2012 - G.C. Verma Vs. UOI and Ors. (47.7 KiB, 600 hits)

 Pension  

  Delhi High Court Judgment dated 26.03.2015 - N. Bhardwaja Vs. Union of India & Ors. (221.8 KiB, 2,555 hits)

 Reservation 

— PWDs 

  Bombay HC judgement dated 04.12.2013 - National Confederation for Development of Disabled & Anr. (132.5 KiB, 7,693 hits)

  Punjab & Haryana High Court Judgement dated 15.07.2011 - Lachhmi Narain Gupta & others Vs. Jarnail Singh and others (176.8 KiB, 580 hits)

— Reservation in Promotion

  Delhi HC Judgment dated 23.08.2017 - All India Equality Forum & Others Vs. Union of India through its Secretary and Others (593.4 KiB, 960 hits)

Sexual Harassment 
— Delhi High Court: “15. Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behaviour. Such physical contact must be in the context of a behaviour which is sexually oriented. Plainly, a mere accidental physical contact, even though unwelcome, would not amount to sexual harassment. Similarly, a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment.
16. … … Plainly, all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an “unwelcome sexually determined behaviour” would amount to sexual harassment.” – Delhi HC Judgement dated 31.10.2017 – Shanta Kumar Vs. Council of Scientific and Industrial Research (CSIR) & Ors. 

  Delhi HC Judgement dated 31.10.2017 - Shanta Kumar Vs. Council of Scientific and Industrial Research (CSIR) & Ors. (336.3 KiB, 539 hits)

3. GENERAL

Delhi High Court: “… … it would make no difference whether the privacy settings are set by the author of the offending post to “private” or “public”. Pertinently, Section 3(1)(x) of the Act does not require that the intentional insult or intimidation with intention to humiliate a member of the Scheduled Caste or Scheduled Tribe should take place in the presence of the said member of the Scheduled Caste or Scheduled Tribe. Even if the victim is not present, and behind his/her back the offending insult or intimidation with intention to humiliate him/ her – who is a member of the Scheduled Caste or a Scheduled Tribe takes place, the same would be culpable if it takes place within public view.” – Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989

  Delhi HC Judgement dated 03.07.2017 - Ms Gayatri @ Apurna Singh Vs. State & Anr. (434.8 KiB, 186 hits)

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