SC asks Jharkhand HC to reconsider plea of single parent judicial officer for child care leave
New Delhi, The Supreme Court on Friday asked the Jharkhand High Court to reconsider the plea of a single parent woman judicial officer challenging the denial of her child care leave request.
A bench of Justices Prashant Kumar Mishra and Augustine George Masih said the high court would consider the plea of a judicial officer without being influenced by the previous rejection of her plea.
The Jharkhand high court counsel was ordered to seek instruction within three days as the bench posted the matter next week.
"It was suggested to the respondent high court that the prayer for grant of child care leave be revisited without being influenced by earlier rejection," the top court said.
The bench told the high court counsel that it was only appropriate if the high court revisited the issue as the top court's directions could set a precedent.
On May 29, the top court sought responses from the Jharkhand government and the high court registry on a plea of a single parent woman judicial officer challenging the denial of her child care leave request.
It had taken note of the plea of the additional district judge rank judicial officer from the scheduled caste category, alleging that she was denied six months of leave.
The judicial officer sought the leave between June and December in view of examination of her child.
The CJI-led bench had initially issued a notice on her plea, asking why she did not move the Jharkhand High Court first.
The judge's lawyer said keeping in mind the summer vacation schedule of the high court, it was possible that the plea wouldn't have been considered with due urgency.
"She is a single parent from the lowest strata of society," the lawyer said, underlining an "impressive" service record in which she had disposed of over 4,000 cases in over two-and-a-half years.
According to the Child Care Leave Rules applicable to the judicial officers, the ADJ is entitled to up to 730 days of leave during her service tenure and she sought merely six months of the entitlement, the plea argued.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
42 minutes ago
- Time of India
HC reserves order in bail plea of ex-min Alam
Ranchi: The Jharkhand High Court on Friday reserved its order in a petition filed by former state rural development minister Alamgir Alam seeking bail pursuant to his arrest in the tender scam by the Enforcement Directorate (ED). Alam, a four-time former Congress MLA from Pakur, has been in custody since May 15 last year after the ED had started investigatigating his involvement in facilitating tenders. The case was heard by Justice Sujit Narayan Prasad who after having heard the arguments of Alam and the ED, reserved the order. Alam, a cabinet minister during the previous JMM-Congress-RJD alliance govt, had to resign from his office as he came in the line of fire following the arrest department's chief engineer Virendra Ram by the ED for his involvement in money laundering. Investigation revealed that Alam had provided tenders to selected companies and has received commissions for facilitating tenders. The investigation culminated in raids being conducted by the ED in the properties of Ram in Delhi, Jamshedpur, Patna and Ranchi. Similarly, raids were also conducted in the premises of other engineers of the department including the residence of Sanjeev Lal, the personal secretary of Alamgir Alam. In course of the raids conducted by the ED, the house of Jahangir Alam, a house help of Sanjeev, was also scanned. The raid in Jahangir Alam's house revealed possession of Rs 32 crores in cash. The investigating authorities then turned the heat on Alamgir Alam and connected the pieces concluding his involvement in accumulating huge amount of cash and stashing it in the house of his employees.
Hans India
an hour ago
- Hans India
Intimidating laws will be used against political rivals despite SC ruling
Slamming the authorities of gross misuse of state laws like the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, a Supreme Court bench, comprising Justices Vikram Nath and Sandeep Mehta, has made it clear that the Act was not an instrument to target individuals, who are guilty of involvement in a single incident of anti-social activity. While warning governments against invoking such stringent laws as a tool of harassment or intimidation, the bench asserted that it was tantamount to extreme abuse of the governing laws when such an Act is used as a means of oppression, especially when political motivations are suspected. In a veiled attack, the apex court has sent across a message loud and clear that they cannot be used to settle political scores. By definition, the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, is designed to prevent and combat gangsters and related anti-social activities. It defines 'gangster' and provides for the punishment of individuals involved in organized crime, including imprisonment and fines, especially if the offence is committed against a public servant but not for staging demonstrations, when used as an expression of right to expression that had no other ulterior motives. Mere involvement in a demonstration or protest after a communal clash cannot be reason enough to invoke the provisions of the Gangster Act, was made clear by the Supreme Court. Putting to rest many self-satisfactory interpretations about the provisions of the Act, most of which were invoked for serving political interests in violation of the law, the apex court drove home the point that the constitutional guarantee of personal liberty acquires greater emphasis when extraordinary legislation with stringent provisions, such as the UP Gangsters Act, is invoked. In unequivocal terms, it stated, 'When a statute creates serious fetters on personal liberty, the evidentiary foundation for its invocation must be commensurately strong, supported by concrete, verifiable facts rather than vague assertions.' This, in essence, implies that the Act cannot be invoked to stifle voices and silence dissent. Quashing an FIR lodged on April 30, 2023 against an 'organised gang', based on a social media post that cried foul of a particular religion, which led to violent protests 'involving' the appellants Lal Mohd and others, the court maintained that the complaint provided no evidence to substantiate systematic planning or coordinated criminal activities against the group. It discarded the FIR on the grounds that it was a conjectural statement by the complainant and one that was not corroborated with facts to establish 'provocative' motivations of those named in the FIR or to establish that it was a premeditated gang activity meant to create serious law and order disturbances. On their part, the appellants held that the allegations do not meet the threshold to justify invoking the UP Gangsters Act. The Supreme Court said that the accused were arrested and booked under provisions of IPC for vandalising a shop and wondered the need for lodging a second FIR by invoking Gangsters Act six months after the incident. However, the ground reality is that for decades together, many state governments have taken undue advantage of the loopholes that exist in certain laws as a means to harass political antagonists and their supporters. It is even more tragic that they get away even without coming up with any concrete proof to justify such acts of victimisation. Police and law and order are, after all, state subjects and hence none dares to beard the lion.
India Gazette
an hour ago
- India Gazette
"PM Modi's leadership spurs Rs 17 Lakh crore in Investment proposals in 2 days," says Odisha CM Majhi
Bhubaneswar (Odisha) [India], June 20 (ANI): On the occasion of the one-year anniversary of the BJP-led government in Odisha, Chief Minister Mohan Charan Majhi commended Prime Minister Modi's leadership and highlighted contributions to the state's development. 'In January, PM Modi urged the investors to participate in the Utkarsh Odisha 2025 conclave. We received proposals worth Rs 17 lakh crores in just two days, which is a record. This happened because the investors trusted you. We are working to make Odisha the industrial hub of eastern India...,' he said. On Operation Sindoor, Majhi lauded Prime Minister Narendra Modi's leadership, stating, 'Under your leadership, the terrorist has been eliminated. Operation Sindoor was not just an operation; it was a symbol of the trust of mothers and sisters. With Operation Sindoor, India rises to a new role, one that does not bow. Earlier, people said, 'Modi hai toh mumkin hai'; now they say, 'Modi hai toh desh surakshit hai.' Under your leadership, development is touching new heights. In 11 years, all sectors have made progress, and India has become the world's fourth-largest economy.' PM Modi inaugurated and laid the foundation stone for multiple development projects worth over Rs 18,600 crore in Bhubaneswar. These projects will cover critical sectors, including drinking water, irrigation, agricultural infrastructure, health infrastructure, rural roads and bridges, sections of national highways, and a new railway line. He will also release the Odisha Vision Document, which is anchored around the landmark years of 2036 (when Odisha completes 100 years as India's first linguistic state) and 2047 (when India celebrates 100 years of independence). Odisha has set an ambitious target to become a $500 billion economy by 2036 and $1.5 trillion by 2047. Earlier today, PM addressed the rally in Bihar's Siwan said that the Congress and RJD supported Gundaraj and corruption.'RJD and Congress are against Bihar and investments. They can never make a place in the heart of Biharis.' Launching a scathing attack on the opposition parties in Bihar for the slow progress of the state during their tenure, Prime Minister Narendra Modi earlier in the day said that the opposition Congress and Rashtriya Janata Dal (RJD) are anti-Bihar and anti-investment. (ANI)
