Supreme Court Collegium Recommends Permanent Appointments For 3 Additional Judges Of Punjab & Haryana High Court

The Supreme Court Collegium has recommended the appointment of three additional judges, which includes two women, as permanent judges of Punjab and Haryana High Court. The Collegium in its meeting held on Wednesday (March 19) approved the proposal for appointment of the following Additional Judges as Permanent Judges of Punjab & Haryana High Court:(i) Shri Justice Sumeet Goel,(ii)...

'Sikhya Provider' Helped In Education Of Punjab's Remote Area, Depriving Them From Age Relaxation In Teacher Recruitment Is Against Constitution: P&H HC

The Punjab & Haryana High Court said that “Sikhya Providers” under the Sarva Shiksha Abhiyan (SSA) are entitled to age relaxation in a government recruitment exam, depriving them from the relaxation would be violative of Article 21-A of the Constitution.Justice Sureshwar Thakur and Justice Vikas Suri said, "Sikhya Providers becoming appointed to teach the students in the...

Physical & Mental Fitness Paramount For Police Force: P&H High Court Dismisses Plea Of 40-Yr Old Man Seeking Appointment To Post Issued 15 Yrs Ago

The Punjab & Haryana High Court dismissed the plea seeking appointment in Haryana Police alleging that he was awarded lesser marks in the interview to favour relatives of politicians in a recruitment exam conducted in 2008.Justice Jagmohan Bansal said, "The petitioners, at present, are more than 40 years. Physical/mental fitness is of paramount consideration in the Police Force....

Resignation Of Employee Can't Be Accepted Retrospectively If It Is Withdrawn Before Acceptance: Punjab & Haryana High Court

The Punjab & Haryana High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with...

Removing Hospital From Residential Area Because It Increased Traffic Violates Fundamental Right To Trade: P&H High Court

The Punjab & Haryana High Court has said that the construction of the hospital cannot be challenged on the grounds that it has increased traffic influx in the area, especially when multi-level parking is planned by the State authority. Removing the hospital in this case would be violation of the fundamental right to trade and practice profession under Article 19(1)(g) of the Constitution...

Punjab & Haryana HC Sets Aside Conviction In Corruption Case, Says Sanction Order Was Copied From Draft Provided By Vigilance Bureau

The Punjab & Haryana High Court set aside the conviction under Prevention of Corruption Act observing that the sanction order was invalid, rendering the entire prosecution as "void ab initio." Kamalpreet Singh Dhariwal, who was then posted as the District Manager, Market federation (Markfed), was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of...

Prescribing Minimum Marks In Judiciary Exam Necessary, Otherwise Standards Will Be Diluted: Punjab & Haryana High Court

The Punjab and Haryana High Court today said that that minimum marks prescribed for qualifying district judiciary exam is "is permissible for adjudging the qualities and capacities of the candidate seeking an appointment to judiciary."The candidates in the Haryana District judiciary exam were required to secure at least 50% i.e 500 marks out of the 1000 aggregate marks in the written test...

'Quite Alarming': P&H High Court Flags Increasing Number Of Proclaimed Offenders, Asks Punjab DGP To Ensure Detailed Report Is Submitted

The Punjab & Haryana High Court has asked Director General of Police, Punjab to ensure that a complete information on number of proclaimed offenders in the State is submitted by way of an affidavit of a responsible officer.The Court noted that there are total 4329 proclaimed offenders only in one District, Jalandhar.Justice Mahabir Singh Sindhu said, "As number of cases, where accused...

RTI Act Doesn't Give Right To Seek Information With Motive To Harass: Punjab & Haryana High Court

The Punjab & Haryana High has said that the Right to Information Act (RTI Act) does not give right to anyone to seek information with a motive which amounts to harassing the employees of the Department.In the present case, the information of the complete record of the Department was sought from the Cooperative Society by a lawyer.Justice Harsimran Singh Sethi said, "The Right to...

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence.According to Section 222 of CrPC, When a person is charged with an offence...

Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates

Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court

In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance...