Punjab and Haryana High Court
[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision
The Punjab & Haryana High Court has made it clear that it is mandatory for holding inquiry before dismissing a police officer in accordance with Article 311 of the constitution.As per Article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under it, shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken...
Wild Growth Of Cannabis: Punjab & Haryana High Court Raps Chandigarh Admin, Municipal Corp For Casual Approach, Directs It To Take Stern Steps To Clear Plants
The Punjab & Haryana High Court has rapped Chandigarh Administration and Municipal Council for its lackadaisical approach in clearing the wild growth of Cannabis in the city.Justice Sanjeev Prakash Sharma and Justice Sandeep Moudgil said, "This Court is amazed at such response wherein a casual affidavit has been filed (Municipal Corp.) Such an issue needs to be addressed with all seriousness and a special team of staff including the labour must be deployed to ensure that no such wild growth...
'Unfortunate & Shocking': Punjab & Haryana High Court Imposes ₹10 Lakh Cost On Bank For Withholding Retiral Benefits Of Employee For Over 40 Yrs
Observing that the case is "unfortunate and shocking", the Punjab & Haryana High Court has imposed an exemplary cost of Rs.10 Lakh on a Bank for holding retiral benefits of its employee for 40 years over allegations of embezzlement and violating natural justice in disciplinary proceedings.Justice Jasgurpreet Singh Puri said, "It is an extremely unfortunate situation whereby because of...
Chandigarh PWD Directed To Pay Compensation Of 4 Lakh To Daily Wager For Violation Of Sections 25-G & 25-H, ID Act ; Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Sanjay Vashisth directed the Public Works Department (PWD) of Chandigarh to pay a compensation of Rs. 4,00,000 to the Workman who was unjustly terminated from service while his juniors were retained. The High Court noted that this constituted a violation of Sections 25-G and 25-H of the Industrial Disputes Act, 1947. Section 25-G of...
Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. Brief Facts: The case involves seventeen petitions filed...
Non-Compliance Of Order By Police Undermines Court's Authority: P&H High Court Issues Contempt Notice To IPS Officer In Plea To Probe Case Of Missing Minor Girl
The Punjab & Haryana High Court has issued contempt notice to an IPS officer who failed to appear before the Court in a case pertaining to investigation of a missing minor girl, who is untraced since 2022.Justice Sandeep Moudgil said, "It cannot be expected from an IPS Officer of the rank of Senior Superintendent of Police in not taking this Court's direction seriously, particularly, in...
Conviction Of Wife For Murdering Minor Son With Alleged Paramour Amounts To Cruelty: Punjab & Haryana High Court
The Punjab & Haryana High Court has upheld divorce granted to ahusband on the ground of cruelty committed by wife wherein she was convicted for committing murder of her minor son along with her alleged paramour.Justice Sudhir Singh and Justice Harsh Bunger said, "The involvement and ultimate conviction and sentence of the appellant in such a gruesome crime along with her accomplice i.e....
Utterance Made In Moment Of Anger Or Emotion Cannot Be Deemed Instigation For Abetment Of Suicide: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that utterances made in a moment of anger or emotion cannot be deemed instigation for abetment of suicide, as mens rea is an essential element to constitute the offence. It thus set aside the conviction of a wife under Section 306 IPC booked for abetting the suicide of her husband.Justice Manjari Nehru Kaul said, "Utterances made in a moment of anger...
Sessions Court Can Cancel Pre-Arrest Bail Granted By HC On Account Of Subsequent Events But Can't Adjudicate Upon Its Veracity: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Sessions Court can cancel anticipatory bail granted by High Court only on account of subsequent event but cannot adjudicate upon "veracity of the High Court order".Justice Sumeet Goel said, "A Sessions Court has power to cancel an anticipatory bail granted by High Court or earlier granted by it. However, the Sessions Court can...
Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case
Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her.Justice Deepak Gupta said, "It cannot be stated that fair trial has been conducted. The entire investigation is held to be...
Ram Rahim's Plea For Parole: High Court Asks Haryana Govt To Submit How Many Parole Applications Had Been Rejected Citing 'Law & Order' Situation
The Punjab & Haryana High Court today, asked the Haryana Government to submit an affidavit on how many paroles have been rejected citing the law and order situation as the "court is flooded" by petitions challenging the same.The development came while hearing an application filed by self-styled Godman Gurmeet Ram Rahim to vacate the order wherein the High Court directed him to surrender...
'Traumatic Situation', False Allegations Of Sexual Assault By Wife Against Husband's Relatives Amounts To Cruelty: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a false allegation of sexual assault by a wife against a husband's relatives amounts to cruelty and can be a ground for divorce.A division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "Levelling the allegations of sexual assault against all the male members of the family and the factum of them having been found...