Holding Driver Guilty Of Offence Involving Moral Turpitude In Road Accidents Without Mens Rea Unjustified: Punjab & Haryana High Court

The Punjab and Haryana High Court has modified the transport department's dismissal order of a driver convicted under Section 304-A IPC in a road accident case. The court converted the order to premature retirement from service, with entitlement to retrial benefits.The bench of Justice Anil Kshetarpal observed that, “Road accidents are, often, the result of an error of judgment or...

NH Act: Land Acquisition Act 2013 Applicable Where Compensation Deposited Before Dec 31, 2014, But Not Paid To Majority: Punjab & Haryana HC

The Punjab and Haryana High Court has ruled that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, would apply to cases of land acquisition, under National Highways Act 1956, where agencies deposited the compensation amount prior to December 31, 2014 with the Competent Authority for Land Acquisition (CALA) but the...

Grant Of Higher Pay Scale Only On The Basis Of Completion Of Some Years Of Service And Not Seniority Is Violative of Article 14 & 16: P&H HC Reiterates

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of State of Punjab and others vs Dr. Ranjit Singh and others has held that grant of higher pay scale only on the basis of completion of some years of service and not seniority is violative of Article 14 &...

Force Ready To Act But Indecision Of Authorities Apparent: Punjab & Haryana High Court On Agitation For Release Of Sikh Prisoners In Mohali

The Punjab and Haryana has said that protestors of Qaumi Insaf Morcha, who have been on an indefinite protest for weeks near Chandigarh-Mohali border, cannot be allowed to continue for all time to come.The division bench of Justice Augustine G. Masih and Justice Harpreet Singh Brar said that it hopes and expects that the authorities succeed in the negotiations with the agitators. The...

A Candidate Not Vigilant Cannot Seek Indulgence Of A Writ Court Merely On The Plea Of His Merit: Punjab & Haryana HC

A division bench of the Punjab and Haryana High Court comprising of Justice Ravi Shanker Jha and Justice Arun Palli while deciding a Letters Patent Appeal (“LPA”) in the case of Gaurav Sangwan vs State of Haryana and others has held that candidate who has not been vigilant, and has squandered the opportunity with his casual attitude cannot seek the indulgence of a writ court merely on...

Fraud Renders The Appointment Itself Void Ab Initio And Non-Est And Therefore No Question Of Eligibility Arises: Punjab And Haryana High Court Reiterates

A division bench of the Punjab and Haryana High Court comprising of Justice Ravi Shanker Jha and Justice Arun Palli while deciding a Letters Patent Appeal (“LPA”) in the case of Parul vs Uttar Haryana Bijli Vitran Nigam Limited and another has held that the question of eligibility does not arise as the applicant’s attempt to obtain appointment by playing fraud disentitles her to...

Employment Cannot Be Denied Merely On Grounds Of Delay In Production Of EBPGC Certificate From The Competent Authority: Punjab & Haryana HC

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of Haryana Staff Selection Commission vs Subhash Chand and others has held that employment cannot be denied merely on the ground of delay in production of Economically Backward Person in General...

Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

The Punjab and Haryana High Court recently quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. Ranjit Singh, the Principal of Senior Secondary School, Latala, allegedly died by suicide in 2014. His son in the complaint said that he was told...

Punjab & Haryana High Court Orders ₹5 Lakh Compensation To Family Of India-Pakistan War Martyr Over Delay In Land Allotment

The Punjab and Haryana High Court recently directed the Punjab Government to pay a compensation of Rs. 5 lakhs for making procrastinated delay in allotment of land to the family members of the deceased Indian Army Soldier who was martyred during the Indo-Pakistan war in 1971. The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari observed: “…that the State...

Punjab And Haryana High Court Directs To Refund Tax Collected Illegally With 6% Interest

The Punjab and Haryana High Court has held that if the tax is collected without any authority of law, the same would amount to depriving a person of his property without any authority of law and would infringe on his right under Article 300 A of the Constitution of India.The bench of Justice Ritu Bahri and Justice Manisha Batra has observed that no receipt was given by the proper officer...

'State Can't Shirk Duty To Ensure Citizens' Safety': P&H High Court Directs SSP To Consider Same-Sex Couple's Protection Request

Stressing that State Government cannot shirk its duty to ensure the safety of its citizens, Punjab and Haryana High Court recently directed the Senior Superintendent of Police, UT Chandigarh to examine the alleged threat perception of a same-sex couple and provide them security if needed.The bench of Justice Gurvinder Singh Gill passed this order on the plea of two women (21 and 24 years old)...

Punjab and Haryana High Court Upholds Dismissal of CRPF Constable for Indecent Gesture, Liquor Consumption During Duty Hours

The Punjab and Haryana High Court has upheld an order of dismissal of a Central Reserve Police Force (CRPF) constable for making indecent gestures towards a senior female officer and wandering around the mess while being under the influence of alcohol during duty hours.A bench comprising Justice Harsimran Singh Sethi observed,"The member of the disciplinary force cannot act in a manner in...