'Denying Inter-Utility Transfers To Lower-Ranking Officials Without Nexus To Relevant Policy Violates Article 14': P&H High Court

The Punjab & Haryana High Court has held that denial of inter-utility transfers only to lower-ranking officials without any rational nexus to the object of the policy is violative of Article 14. The Court observed that such classification between employees is arbitrary where it does not serve the stated objective of the policy.Justice Harpreet Singh Brar was hearing a batch of writ petitions challenging orders rejecting the requests of employees of UHBVNL and DHBVNL for inter-utility...

P&H High Court Seeks Response From Centre, Punjab Govt In Plea Challenging Takedown Of Journalist's Facebook Page

The Punjab & Haryana High Court has sought a response from the Union of India, Facebook and the State of Punjab on a plea challenging the removal of a journalist's Facebook page. The Court noted that the respondents require time to obtain instructions in the matter.Justice Jagmohan Bansal was hearing a writ petition filed under Articles 226/227 of the Constitution seeking the setting aside of the decision to remove the petitioner's Facebook page “Maninderjeet Sidhu” from the platform of...

Punjab & Haryana High Court Grants Bail To Accused In Digital Arrest Involving ₹3 Crore Duped From Retired Principal

The Punjab & Haryana High Court has granted bail to an accused in a case involving alleged cyber fraud, where a retired Principal was duped of over Rs. 3 crore through a “digital arrest” modus. The Court observed that, considering the role attributed to the petitioner, the period of custody and the fact that the trial would take time, the petitioner was entitled to bail.Justice Manisha Batra was hearing a petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita seeking...

'Personal Cause Disguised As Public Interest': P&H High Court Imposes ₹25K Cost On Mohali Dy Mayor For Misusing PIL Jurisdiction

The Punjab & Haryana High Court has imposed Rs. 25k cost on the Deputy Mayor of Mohali for filing a PIL to further a personal cause. The Court observed that a public interest litigation cannot be entertained where the cause raised is, in fact, a personal cause presented as a public cause. A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a public...

Punjab & Haryana High Court Seeks Data On Chandigarh AQI Over Last 5 Years In PIL Over Poor Air Quality

The Punjab & Haryana High Court has directed the petitioner in a public interest litigation concerning poor air quality in Chandigarh to place on record relevant AQI data for the last five years. A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a public interest litigation filed by the petitioner raising concerns regarding deteriorating air quality in...

P&H High Court Grants Bail To Man Over Alleged Involvement In Espionage Activities Linked To Pakistan During Op Sindoor

The Punjab & Haryana High Court has granted bail to Davender Singh alias Davinder Singh in a case alleging involvement in espionage activities linked to Pakistan, noting the absence of material to substantiate the allegations beyond disclosure statements.Singh was alleged to have engaged in these espionage activities during the military exercise titled Operation Sindoor, undertaken by...

Punjab & Haryana High Court Denies Bail To Former MLA Dharam Singh Chhoker In Money Laundering Case

The Punjab and Haryana High Court has denied bail to former MLA Dharam Singh Chhoker in a money laundering case. The Court observed that the allegations, nature of transactions, and material collected during the investigation did not justify release at this stage.Justice Tribhuvan Dahiya was hearing a petition seeking regular bail in a prosecution complaint filed by the Directorate of...

[S.313 CrPC] Failure To Put DNA Evidence To Accused Vitiates Trial: P&H High Court Sets Aside Death Sentence In Child Rape-Murder Case

The Punjab & Haryana High Court has held that failure to put material incriminating evidence, including DNA evidence, to the accused under Section 313 CrPC vitiates the fairness of the trial and cannot be sustained. The Court observed that such an omission causes prejudice to the accused as it deprives them of an opportunity to explain crucial circumstances relied upon for...

Punjab & Haryana High Court Imposes ₹10K Cost On Bail Applicant For Failure To Disclose Earlier Dismissal Of Bail Application

The Punjab & Haryana High Court has held that failure to disclose the history of prior bail applications in a successive bail plea is inexcusable and cannot be countenanced. The Court observed that such non-disclosure undermines the integrity of the adjudicatory process, which rests on the requirement of utmost good faith.Justice Sumeet Goel was hearing a petition seeking regular bail in...

'Absence Without Leave Cannot Be Treated As Desertion Without Inquiring Into Cause': P&H High Court Grants Relief To CRPF Constable

The Punjab & Haryana High Court has held that absence without leave cannot be treated as desertion without examining whether such absence was wilful. The Court observed that absence by itself does not constitute misconduct unless it is proved to be wilful on the basis of material on record.Justice Sandeep Moudgil was hearing a writ petition filed by a CRPF constable challenging the...

No Separate Lockups For Transgender Persons Yet; ₹25.86 Cr Proposal Sent For Creating Gender-Segregated Cells: Punjab Tells P&H High Court

The State of Punjab has filed a reply in response to the Punjab & Haryana High Court's query regarding the creation of separate cells for transgender persons in jails and police stations. The matter was being heard in a public interest litigation filed by the petitioner seeking directions for the creation of separate wards, lockups and toilets for transgender persons in prisons and...

Whistleblowers Have No Locus In Service Matters Unless They Are Directly Aggrieved: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that third parties, including whistleblowers or complainants, do not have locus standi in service matters unless they are directly and substantially aggrieved. The Court observed that service disputes are personal in nature and only a person who has suffered a legal injury can maintain a challenge under Article 226.Justice Harpreet Singh Brar...