academy Icon academy Icon lawbiz Icon
Subscribe Premium

 Punjab and Haryana High Court

Reserved Candidate Availing Relaxation At Screening Stage Cannot Claim Migration To General Category: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a reserved category candidate who avails relaxation at the screening stage of a multi-tier selection process cannot subsequently seek migration to the General category on the basis of higher marks secured in the final merit.Dismissing the plea, Justice Harpreet Singh Brar said, "A reserved category candidate who avails relaxation at any stage of...

P&H High Court Gives Clean Chit To Ex-CM Bhupinder Hooda, Sonia Gandhis AJIL Company In Panchkula Land Allotment Case

The Punjab & Haryana High Court quashed charges against former Haryana CM Bhupinder Singh Hooda and Company owned by Congress leader Sonia Gandhi and Rahul Gandhi Associated Journals Limited (AJL) in case pertaining to irregularities in re-allotment of land in Panchkula.Justice Tribhuvan Dahiya said, "The allotment is valid as on date, it has also not been cancelled, nor declared illegal...

Punjab & Haryana High Court Seeks Explanation From Judge Over Delay In Trial; Summons Public Prosecutor, District Attorney

The Punjab and Haryana High Court has expressed strong displeasure over a five-year delay in framing of charges in a criminal case, observing that both the trial court and the prosecution appeared to be “highly negligent” in performing their duties.The Court was informed during the course of arguments that the challan in the case had been presented on 31.07.2021 and that, since then,...

Right To Education | Govt Cant Deny Distance Education To Employees For Want Of Minimum 3 Years Service: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a government employee cannot be denied permission to pursue higher education through distance mode merely on the ground of not having completed three years of service, observing that the right to education is an inalienable human right flowing from Article 21 of the Constitution.Justice Harpreet Singh Brar said, "The right to education has...

Legal Profession Is Service Oriented, Rooted In Dharma: Punjab & Haryana High Court On Rights Of State Law Officers

Observing that the legal profession is inherently service-oriented and historically rooted in the concept of dharma, the Punjab and Haryana High Court recently underscored the constitutional stature of State Law Officers while holding that their rights cannot be curtailed merely by labelling their engagement as “contractual”.Justice Sandeep Moudgil said, "The legal profession, at its core,...

Law Officers Performing Full-Time Duties Cant Be Treated As Contractual; Entitled To Medical Benefits, Earned Leaves: P&H High Court

In a significant ruling, the Punjab and Haryana High Court has held that Assistant Advocate Generals (AAGs) and Deputy Advocate Generals (DAGs) engaged by the State of Haryana are entitled to Leave Travel Concession (LTC), medical reimbursement and earned leave, observing that the State cannot deny core service benefits solely on the basis of the nomenclature of...

Silence Of Grave Cant Be Substituted By Signatures Of Heirs: P&H High Court Refuses To Quash Death By Negligence Case On Compromise

The Punjab and Haryana High Court has held that criminal proceedings under Section 304-A IPC involving loss of human life cannot be quashed merely on the basis of a compromise between the accused and the deceased's relatives, observing that “the silence of the grave cannot be substituted by the signatures of the heirs on a compromise deed.”Justice Sumeet Goel said, "The essential edifice...

Arnesh Kumar Guidelines Flouted: Punjab & Haryana High Court Issues Notice To Both States 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 Cant 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...