Punjab and Haryana High Court
Arnesh Kumar Guidelines Flouted: Punjab & Haryana High Court Issues Notice To Both State's Chief Secretaries, DGPs In Contempt Plea
In a significant order highlighting continued non-compliance of the Supreme Court's landmark ruling in Arnesh Kumar v. State of Bihar, the Punjab and Haryana High Court has issued notice to the Chief Secretaries and Director Generals of Police (DGPs) of the States of Punjab and Haryana to show cause why contempt proceedings should not be initiated against them.Justice Sudeepti Sharma noted...
Post Of Public Importance Can't Remain Unfilled For Indefinite Period, Fresh Recruitment Justified In Public Interest: P&H High Court
The Punjab and Haryana High Court has upheld the State's decision to initiate a fresh recruitment process for the post of Member (Non-Judicial), Punjab State Human Rights Commission (PSHRC), despite an earlier recommendation in favour of the petitioner.Justice N.S. Shekhawat noted, "During the course of arguments, no such infirmity has been pointed out by the petitioner. Even otherwise, in...
Disciplinary Penalty Must Be Proportionate: Punjab & Haryana High Court Modifies Penalty Imposed After Retirement
The Punjab and Haryana High Court has held that penalties imposed in departmental actions must bear a reasonable nexus with the gravity of misconduct proved.Justice Harpreet Singh Brar said, "The scope of interference in disciplinary proceedings is very limited. It is settled law that this Court may only exercise its powers under Article 226 of the Constitution of India when the findings...
Disabled Lineman Denied Promotion While Juniors Were Elevated: Punjab & Haryana High Court Grants Notional Regularisation
In a significant ruling on disability rights and service equality, the Punjab and Haryana High Court has held that a workman who suffered permanent disability during service cannot be denied promotion in a discriminatory manner when similarly placed juniors were elevated.Justice Namit Kumar said, "such an unsubstantial act of the respondents-department in discriminating the plaintiff is...
NI Act | 20% Deposit Is Rule In Cheque Bounce Cases, Waiver Only In Exceptional Circumstances: Punjab & Haryana High Court
Observing that that the burden lies on a convict to demonstrate special or compelling circumstances to seek waiver of the statutory deposit under Section 148 of the Negotiable Instruments Act, the Punjab & Haryana High Court held that direction to deposit a minimum of 20% of the compensation amount is the general rule at the appellate stage.Justice Sumeet Goel said, "The convict bears...
Punjab & Haryana High Court Full Bench Finds No Conflict In Division Bench Rulings On Counting Of Past Service For Pension
The Full Bench of the Punjab and Haryana High Court has answered a reference on whether two Division Bench judgments concerning counting of past service for pensionary benefits were contradictory, holding that there exists no real conflict between them as they were rendered in distinct factual and statutory contexts.Chief Justice Sheel Nagu, Justice Vinod S. Bhardwaj and Justice Jagmohan...
Punjab & Haryana High Court Denies Bail To DIG HS Bhullar In Corruption Case
The Punjab and Haryana High Court has dismissed the regular bail plea of Harcharan Singh Bhullar @ H.S. Bhullar, a senior Punjab Police officer, in a corruption case registered by the Central Bureau of Investigation (CBI).Justice Sumeet Goel noted that the offence under Section 7 of the Prevention of Corruption Act, particularly when attributed to an officer of such rank, has...
'Case Of Version, Cross-Version': Punjab & Haryana High Court Grants Interim Anticipatory Bail To Man Accused Of Assaulting Lawyer
The Punjab and Haryana High Court has granted interim anticipatory bail to the main accused Saurav @ Saurav Dhaiya booked for assaulting a lawyer, arising out of a neighbourhood dispute in Sonipat.It was alleged that the lawyer was assaulted with an intention to kill him and his car's windshield was smashed. The District Bar Association also observed one day strike demanding strict...
'Testing Waters': Punjab & Haryana High Court Pulls Up Lawyer Who Moved Two Bails Pleas In Same FIR, Imposes Costs
The Punjab and Haryana High Court refused anticipatory bail to an Advocate, booked in a rice trading fraud case, holding that the filing of two separate pre-arrest bail petitions in the same FIR—supported by affidavits denying pendency of similar proceedings—amounted to “forum shopping” and an affront to judicial sanctity.Justice Sumeet Goel observed that the petitioner had...
Punjab & Haryana High Court Denies Bail In 5,700 Kg Psychotropic Drugs Case, Says Corporate Licences Can't Shield NDPS Violations
The Punjab and Haryana High Court has dismissed eight connected regular bail petitions arising out of a massive seizure of over 1.37 crore psychotropic tablets, holding that the rigours of Section 37 of the NDPS Act are clearly attracted and that licensed pharmaceutical operations cannot, at this stage, dilute the gravity of organised diversion allegations.Justice Sumeet Goel said, "The grant...
Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case
The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out...
Review Can't Be Invoked After Inordinate Delay: Punjab & Haryana High Court Sets Aside Police Officer's Punishment, Quashes ACR Downgrading
The Punjab and Haryana High Court has set aside the punishment of stoppage of three annual increments with permanent effect imposed on a Haryana Police officer, holding that review powers under Rule 16.28 of the Punjab Police Rules (PPR) must be exercised within a reasonable period and cannot be invoked mechanically after inordinate delay.Justice Jagmohan Bansal said, "The impugned order...