Transfer Policies Are Administrative Guidelines, Not Enforceable Rights; Voluntary Retirement Can't Be Withdrawn After Acceptance: P&H HC

llegal Mining In Goa: No Inherent Arbitrariness In The Renewal Of Iron Ore Mining Leases By State, Argues Sr. Adv. CU Singh

'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 government schools, thus for ensuring the upliftment of the cause of education, through education, become imparted 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. The petitioners cannot be expected of having fitness as postulated for an Inspector of Police at the time of...

Resignation Of Employee Can't Be Accepted Retrospectively If It Is Withdrawn Before Acceptance: Punjab & Haryana High Court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High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with retrospective effect so as to over come the withdrawal of the resignation by the employee concerned."The Court was...

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...

Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder

The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...

'Taliban-Style Punishment': Punjab & Haryana HC Declines Pre-Arrest Bail To Man Who Paraded Victims In Public With 'I Am Thief' Placards

The Punjab & Haryana High Court refused to grant pre-arrest bail to a man who was accused of parading five people including minor girls in the market with a placard, "I am a thief, I confess my guilt" written on it.Justice Namit Kumar said, "cardboards were hanged around the neck of the victim by writing incriminating material “I am a thief, I confess my guilt”on white placards;...

Punjab & Haryana HC Declares Punjab Govt's Notification On Resuming Ownership Rights In Rajpura's Industrial Estate Projects As Inoperative

The Punjab & Haryana High Court has declared Punjab Government's decision to “resume” ownership rights in ongoing projects in Rajpura's Industrial Estate as "inoperative."Justice Sureshwar Thakur and Justice Vikas Suri said, "there is a necessity of passing a fresh speaking decision, in accordance with law, as such both the interest of justice and equity demands, that the...

NI Act | Advisable To Impose Fine Equivalent To Amount Of Cheque With At Least 6% Interest For Uniformity: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that, to maintain uniformity in imposing fines in cheque bounce cases under the Negotiable Instruments Act (NI Act), the fine should be equivalent to the amount of the cheque, plus at least 6% interest per annum from the date of the cheque until the date of the judgment of conviction."Justice N.S. Shekhawat said, "To be consistent and uniform, it...

10-Yr-Old Not Concerned With Financial Security Provided By Father, Personality Build Up More Crucial: P&H HC Upholds Mother's Custody

The Punjab and Haryana High Court recently upheld the mother's custody of a 10 years old girl child, rejecting the father's contention that he is the rightful guardian of the child as he is building a financial corpus for the child's future.Single judge Justice Archana Puri remarked, "So far as, the financial security is concerned, it is good that father is doing so to secure the future of...

MP Amritpal Detained Under NSA Granted Leave From Attending Parliament: Lok Sabha Tells Punjab & Haryana High Court

The Union Government today informed the Punjab and Haryana High Court that MP Amritpal Singh has been granted leave of 54 days from attending sessions of the Parliament.ASG Satya Pal Jain informed the bench of Chief Justice Sheel Nagu and Justice Sumeet Goel that Amritpal's application seeking leave was allowed yesterday (March 12) in the Parliament.The development is significant in light...

Mortgagee Has Inherent Right To Put Property On Public Auction In Case Of Failure Of Payment: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the mortgagee has a right to sell the mortgage property in a public auction if the borrower fails to pay the stipulated instalments. Justice Sureshwar Thakur and Justice Vikas Suri said, "there is an inherent right in the mortgagee to, on the failure of liquidation of the relevant installments by the borrower, thus to subject the subject plot...

'Grave Threat To National Security, Public Health': Punjab & Haryana HC Flags Surge In Drug Smuggling Through Drones At Pakistan Border

The Punjab & Haryana High Court has flagged the surge in the smuggling of illicit drugs through drones from across the Pakistan border, which it said has "serious implications on the security and development of the State" and necessitates stringent legal action.Justice Harpreet Singh Brar said, " Having heard learned counsel for the parties, this Court finds it an urgent necessity to note...