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Time of India
11-05-2025
- Time of India
HC reinstates driver sacked for delay that made judge miss train
Bhopal/Jabalpur: A division bench of the MP high court has reinstated a Bhopal district court driver who was dismissed from service after arriving late to pick up an Allahabad high court judge, causing the judge to miss his train. He was dismissed from job following a departmental enquiry . The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf, while hearing the petition of the sacked driver, reinstated the driver in service, holding that the lapse on the part of the driver was not so serious as to warrant his dismissal from service. Vijay Singh Bhadoriya, in his petition, said he was recruited as a driver in the district & sessions court, Bhopal, on daily wages. He was regularised in service in Jan 2004. Operation Sindoor 'Our job is to hit target, not to count body bags': Air Marshal Bharti on Op Sindoor Precautionary blackout imposed across parts of Rajasthan, Punjab 'Indian Navy was in position to strike Karachi': Vice Admiral on Operation Sindoor He was deployed in the service of Justice SK Singh from Allahabad high court during his Bhopal visit from Nov 10 to 20, 2006. He was supposed to leave Justice Singh at the railway station by car on the intervening night of Nov 19 & 20. He was asked to come to the VIP guest house, where Justice Singh stayed, at 1.30 am but he reached there by 2.15 and Justice Singh missed the train. Justice Singh had made a written complaint against him and charged that he not only came late but he was drunk, too. Subsequently, he was issued a show cause notice and a departmental enquiry ensued. He was found guilty of professional misconduct and was dismissed. from the service in February, 2007. The petitioner argued that the vehicle in which Justice Singh was to be taken to railway station was parked in Shyamala Hills. When he was going to fetch the car by his cycle, a tyre of the cycle got punctured and he became late in reaching the VIP guest house. Justice Singh had accused him of being drunk but he was not sent for medical examination nor any witness was examined to find out whether he was actually drunk. The court, however, said then railway magistrate, Bhopal, Suresh Singh, in his deposition before the inquiry officer had stated that Justice Singh could not reach the railway station in time because the driver came to the VIP guest house late and he was drunk. The driver has admitted that he came late to the VIP guest house but he refused to accept that he was drunk. Homeguard at the Judges' Enclave at Shyamala Hills Sunil Kumar, who was on duty that night, confirmed that the tyre of his cycle had got judges said the high court could only intervene in an order where an employee has been punished for professional misconduct when provisions of law have been violated or the punishment in violation to principles of natural justice. The judges said they agree with the conclusion of the officer who held the DE but the quantum of punishment appears to be disproportionate to his misconduct. They ordered the competent officer to reconsider the volume of punishment within 3 months while reinstating the driver on a "No work, no pay" basis. Get the latest lifestyle updates on Times of India, along with Mother's Day wishes , messages , and quotes !
Mint
07-05-2025
- Automotive
- Mint
Delhi HC bars Gensol, BluSmart from creating third-party rights over 220 more EVs
In another legal setback for Gensol Engineering Ltd and electric ride-hailing startup BluSmart, the Delhi high court on Wednesday barred the companies from creating third-party rights over 220 additional electric vehicles (EVs) leased from two separate lessors. Justice Jyoti Singh issued the order while appointing court receivers to take possession of the vehicles. However, the court denied the lessors' request for repossession, stating that such relief does not fall within the ambit of Section 9 of the Arbitration and Conciliation Act, 1996, under which the petitions were filed. The court also directed Gensol to submit a status report on the leased EVs within two days after the lessors raised concerns about the vehicles' whereabouts. Additionally, Gensol and BluSmart were asked to provide a comprehensive statement of their assets and liabilities. The order follows petitions by SMAS Auto Leasing India Pvt. Ltd and Shefasteq OPC Pvt. Ltd, which accused Gensol, BluSmart, and their promoters of breaching lease agreements and failing to pay dues. According to court documents reviewed by Mint, SMAS Auto had leased 164 EVs to Gensol and 46 to BluSmart under separate master lease agreements. Shefasteq claimed it had leased an additional 10 EVs. Both lessors alleged that the companies failed to make timely payments for lease rentals and fleet management charges, despite receiving monthly invoices and having binding contractual obligations. 'The continued unauthorized possession of the EVs by the respondents is unlawful and has constrained the petitioner to seek, inter alia, the immediate appointment of a Receiver for taking custody and possession of the said EVs, with a view to preserving and maintaining them in a commercially viable and operable condition,' the SMAS plea stated. It emphasized that EV batteries are sensitive and perishable assets that require regular monitoring and sustained operational use—particularly in extreme heat—to prevent irreversible damage. Wednesday's order marks the third ruling by the same bench in under two weeks. On 25 April, Justice Singh had restrained the companies from creating third-party rights over 175 EVs leased by Japanese financial services firm Orix. Then, on 29 April, the court barred BluSmart from selling or transferring 95 EVs leased by Clime Finance Pvt Ltd. With the latest order, a total of 493 leased electric vehicles are now under judicial protection, barring Gensol and BluSmart from selling, transferring, or assigning third-party rights over them. 'The court order safeguards the interests of fleet leasing companies by mandating that Gensol disclose to the court and the lessors the current locations and operational status of the leased electric vehicles," said Aditya Bhattacharya, litigation partner at King Stubb and Kasiva and counsel for SMAS Leasing. "The ruling explicitly underscores the critical importance of battery conditions and proper handling practices, which are essential to the effective operation and maintenance of such vehicles,' Bhattacharya added. The latest court order comes amid increasing regulatory scrutiny of the companies. The Securities and Exchange Board of India (Sebi) recently issued a show-cause notice to Gensol and its promoters for alleged governance lapses, including undisclosed related-party transactions and financial irregularities. The regulator also barred the Jaggi brothers from holding key managerial roles in any listed company and prohibited Gensol and its promoters from accessing capital markets. Gensol is also facing inquiries over the handling of approximately ₹ 978 crore in loans from Power Finance Corp. (PFC) and the Indian Renewable Energy Development Agency (Ireda), intended for the purchase of 6,400 EVs. Disclosures indicate that only 4,704 vehicles were actually procured. PFC has lodged a complaint with the Economic Offences Wing of the Delhi Police, alleging the use of falsified documents to secure the loans. Ireda, which reportedly funded 3,400 EVs, may be short by over 1,400 vehicles based on current filings. As previously reported by Mint, PFC is considering legal actions, including insolvency proceedings and debt recovery tribunal filings, to recover dues. Meanwhile, BluSmart has temporarily shut down its app, informing users that ride bookings will be paused until 7 May. The company has also promised refunds within 90 days if the suspension continues beyond that date.
