Punjab & Haryana High Court Monthly Digest: June 2025

Punjab & Haryana High Court Upholds Dismissal Of Civil Judge Whose Integrity Was Found 'Doubtful' During Probation Period

Title: Ankur Lal v. Hon'ble Punjab and Haryana High Court and another

Citation: LiveLaw 2025 (PH) 235

The Punjab & Haryana High Court upheld the dismissal of a Haryana Civil Judge whose integrity was found "doubtful" after receiving several complaints during his probation period.

Chief Justice Sheel Nagu and Justice Sumeet Goel rejected the dismissed judge's argument that after completion of the period of probation of two years plus the extended period of one year and in the backdrop of available vacancies in the cadre, his service ought to have been "deemed to be confirmed."

Giving Custody To Father Who Remarried & Is Living With Second Wife Is Not Conducive To Child's Welfare: Punjab & Haryana High Court

Title: Joginder Singh Sekhon and another v. State of Punjab and others

Citation: LiveLaw 2025 (PH) 236

The Punjab & Haryana High Court has directed to restore custody of a minor son to his Australian mother, observing that giving custody of the child to father who has remarried and living with second wife is not conducive to the welfare of the child.

Notably, the Australian Court had granted custody of the mother and father was only given the visitation rights.

Remarks Made In Employee's ACR Creates Civil Rights, Adverse Remarks Must Be Reasoned: Punjab & Haryana High Court

Title: State of Haryana and others v. Rani Devi

Citation: LiveLaw 2025 (PH) 237

The Punjab & Haryana High Court has said Annual Confidential Report (ACR) or Annual Performance Appraisal Report serves as a critical tool in evaluating the performance of employees, and since adverse remarks can deprive of promotion, it should be backed with reasons.

Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "Remarks made in the annual performance appraisal report or annual confidential reports, reflects the working of an individual. It creates civil rights because if the ACRs are tone-down or adverse remarks are entered, the concerned person would be deprived of his promotion as well as benefit of MACP for that period. Thus, before making any such remarks, reasons have to be mentioned".

2004 Haryana Civil Services Scam: High Court Division Bench Delivers Split Verdict On Plea For Appointment Of Allegedly Tainted Candidate

Title: Surender Lather v. State of Haryana and another

Citation: LiveLaw 2025 (PH) 238

The Punjab & Haryana High Court delivered split verdict on appointment of alleged tainted candidate in 2004 Haryana Civil Services recruitment.

Justice Sanjeev Prakash Sharma allowed the intra court appeal and directed to appoint the candidate, whereas Justice Meenakshi I. Mehta dismissed the plea.

Limited Resources, Routine Cases May Erode CBI's Credibility: P&H High Court Refuses To Transfer Probe In Alleged Medical Tourism Fraud Case

Title: Dr Rosy Arora v. UT Chandigarh

Citation: LiveLaw 2025 (PH) 239

The Punjab & Haryana High Court has refused to transfer investigation to the Central Bureau of Investigation (CBI) in a medical tourism fraud case.

As per the allegations, a Kenyan resident was cheated by the petitioner and her dentist husband, who had offered her a medical tourism package. It was alleged that the woman was not treated properly and suffered a significant financial loss.

Punjab & Haryana High Court Acquits Men In Rape Case 20 Yrs After Conviction Upon Finding Inconsistencies In Prosecution Case

XXX v. State of Punjab

Citation: LiveLaw 2025 (PH) 240

The Punjab & Haryana High Court acquitted three men of rape charge giving them benefit of doubt, after twenty years of conviction.

Justice Kirti Singh said, "It is trite law that case of prosecution has to stand on its own legs and it must prove its case beyond shadow of reasonable doubt. In view of the material contradictions noted...the whole prosecution story rests on quicksand, as the prosecution has failed to establish its case beyond shadow of reasonable doubt."

P&H High Court 'Deplores' Centre For Not Following SC Rulings On Ex-Servicemen Which Have Attained Finality, Burdening AFT With Cases

Title: UNION OF INDIA AND OTHERS v. No.3363188-W EX SEP SWARAN SINGH AND ANOTHER

Citation: LiveLaw 2025 (PH) 241

The Punjab and Haryana High Court has criticized the Union Government for its insensitive attitude towards the rights of ex-servicemen, observing that the Armed Forces Tribunal (AFT) is being overwhelmed with litigation due to the government's failure to comply with a Supreme Court ruling.

Exclude Creamy Layer Before Granting Reservation In Promotion To SC/ST Candidates: High Court Tells Haryana Govt

Title: Deepak Bamber v. State of Haryana and Ors [along with other decisions]

Citation: LiveLaw 2025 (PH) 242

The Punjab & Haryana High Court while upholding the Haryana Government's instruction to grant reservation to Scheduled Caste candidates in promotion in Group 'A' & 'B' posts in State Government Services directed to exclude "creamy layer."

Justice Jagmohan Bansal said, "this Court finds that respondent has duly complied with attributes of Article 16(4A) of the Constitution of India as well as law laid down by the Apex Court, thus, impugned instructions dated 07.10.2023 (Annexure P-2) are valid and hereby upheld. Nevertheless, the respondent shall exclude employees belonging to creamy layer before implementing impugned instructions."

Pre-Arrest Bail In Corruption Cases Can Be Granted Only When FIR Was Filed On Political Vendetta Or Prima Facie False Implication: P&H High Court

Title: Kewal Singh v. State of Punjab

Citation: LiveLaw 2025 (PH) 243

The Punjab & Haryana High Court has made it clear that the anticipatory bail in corruption case can be granted only in exceptional cases, the court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint.

Justice Manjari Nehru Kaul said, "it is well settled law, and reaffirmed by the Hon'ble Supreme Court in Devinder Kumar Bansal Versus State of Punjab, that anticipatory bail in cases involving offences under the Corruption Act is to be granted only in the rarest of rare circumstances. The court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint."

State Has No Authority To Withhold Retiral Benefit Dues On Account Of Pending FIR When Challan Was Filed In 2005: Punjab & Haryana High Court

Title: Inderjit Singh v. State of Punjab and others

Citation: LiveLaw 2025 (PH) 244

The Punjab and Haryana High Court has directed to release retiral benefits of a former police officer, withheldi due to a pending FIR registered nearly two decades ago.

The Court noted that the challan was presented before the Trial in 2005 and he is unable to get his retiral dues because of the pending FIR. "He cannot be held guilty for non-adjudication of the FIR," said the Court.

High Court Dismisses Punjab's Plea For Recalling Order Which Directed It To Abide By Centre's Decision To Give Extra Share Of Water To Haryana

Title: Bhakra Beas Management Board v. State of Punjab and another

Citation: LiveLaw 2025 (PH) 245

The Punjab & Haryana High Court dismissed an application filed by the Punjab Government to recall order passed on May 06, which paved the way for the release of Bhakra dam water to Haryana, by directing it to abide by the decision of the meeting held on May 02 conducted by Central Government's Home Secretary.

According to the Union Government's submission, on May 2, the Centre's Home Secretary at New Delhi convened a meeting and decided to release of extra 4500 cusec of water to Haryana in 8 days to meet the emergent needs of Haryana.

Possibility Of 'No Strings Attached' Relationship Cannot Be Ruled Out: P&H High Court Grants Bail To Man Accused Of Rape On Pretext Of Marriage

Title: MXXXXX v. XXXXXX

Citation: LiveLaw 2025 (PH) 246

The Punjab & Haryana High Court granted bail to a man accused of committing rape on pretext of false promise of marriage considering that the prosecutrix and the accused were in a long standing cordial relationship and the possibility of the relationship being "no strings attached" cannot be entirely ruled out.

Perusing the transcript of the conversation between the accused and the prosecutrix, Justice Vinod S. Bhardwaj noted, "there was a long standing cordial relationship between the prosecutrix and the petitioner and the possibility of the relationship being without any commitment and with no strings attached cannot be entirely ruled out."

Mere Knowledge Of Offender's Whereabouts Isn't 'Harbouring' Unless Accused Has Helped Him Evade Apprehension: P&H High Court

Title: Chaman Lal Kanda and another v. State of Punjab

Citation: LiveLaw 2025 (PH) 247

The Punjab & Haryana High Court has said that mere knowledge of the whereabout of the offender is not sufficient to attract office of "Harbouring Offender" without prove that the accused helped him (offender) to save from arrest.

The observation was made while quashing an FIR lodged under Section 212 IPC (Harbouring offender) and Section 216 IPC (Harbouring offender who has escaped from custody or whose apprehension has been ordered) alleging that the father has given shelter to his son in a cruelty case in order to evade his arrest.

No Policy To Appoint Spy's Son After Father's Death: P&H High Court Rejects Plea Of Man Whose Father Was Arrested In Pakistan For Spying

Title: Neeraj Sharma v. State of Punjab and Others

Citation: LiveLaw 2025 (PH) 248

The Punjab & Haryana High Court rejected plea of a spy's son to grant him a post of higher rank after his father passed away observing that there is no such policy of Punjab Government.

The petitioner stated that he possessed a B.Sc. (Medical) degree and was offered the position of Constable after his father's death. However, being dissatisfied with the rank, he made a representation to the Punjab Government, which was rejected."

Parole Period Must Only Be Subtracted From Total Sentence, Not From Actual Jail Time: High Court Declares Punjab Govt's Formula Invalid

Title: RUPINDER SINGH VS STATE OF PUNJAB AND OTHERS

Citation: LiveLaw 2025 (PH) 249

The Punjab & Haryana High Court has declared the formula issued by the Punjab Government to calculate the conviction period in case of premature release as invalid, observing that parole period should only be subtracted from the total sentence and not from the actual time spent in jail.

Justice Harpreet Singh Brar said, "It is directed that the parole period shall only be subtracted from the total sentence and not from the actual sentence. Actual sentence shall only mean the real time spent by a prisoner in the prison premises."

NEET-PG : Punjab & Haryana High Court Approves Chandigarh UT's Decision To Reallocate UT Quota To All India Quota

Title: Avijit Chander and others v. Union Territory, Chandigarh and others

Citation: LiveLaw 2025 (PH) 250

The Punjab and Haryana High Court has dismissed a petition challenging the Chandigarh Union Territory's decision to reallocate seats reserved under the Union Territory (UT) Pool quota to the All India Quota (AIQ) for admission to postgraduate medical courses.

The Court upheld the UT's move, emphasizing that the controversy for residential quota in the MD/MS admissions in the Government Medical Hospital Chandigarh (GMCH) has already been decided by the Apex Court in Shrey Goel's judgment.

Punjab Police Rules | DM's Concurrence Not Required To Initiate Departmental Proceeding In Corruption Case Against Cops: High Court

Title: VINOD KUMAR V/S STATE OF HARYANA AND OTHERS

Citation: LiveLaw 2025 (PH) 251

The Punjab & Haryana High Court has said that as per Punjab Police Rules (PPR) concurrence of the District Magistrate will not be required to initiate disciplinary proceedings against police men in corruption cases.

Justice Jagmohan Bansal referring to PPR (Rule 16.40) said, "The authorities were supposed to initiate judicial prosecution or departmental proceedings depending on circumstances of each case. There is no requirement to seek concurrence of District Magistrate under Rule 16.40, thus, respondent has lawfully initiated departmental proceedings."

Second Wife Appointed As Nominee Entitled To Compassionate Appointment After Husband's Death: Punjab & Haryana High Court

Title: Kirandeep Kaur and others v. Punjab State Power Corporation Limited and others

Citation: LiveLaw 2025 (PH) 252

The Punjab & Haryana High Court has said that if the second wife who was appointed as nominee by the husband will be entitled for compassionate appointment by the Government even if the first wife was not legally divorced.

In the present case the law officer of the concerned department had opined that first marriage of the deceased employee was dissolved by the Panchayat which had no legal sanctity, hence the second marriage would not be valid. Considering the opinion, the compassionate appointment to the second wife was declined.

Court Flooded With Runaway Couple Protection Pleas Due To Ignorance Of SOP Framed By States: Punjab & Haryana High Court

Title: Kamalpreet Kaur and another v. State of Punjab & Ors

Citation: LiveLaw 2025 (PH) 253

The Punjab and Haryana High Court has remarked that ignorance of the Standard Operating Procedures (SOP) issued by the State Governments in pursuance of Kajal case has flooded the High Court with protection petitions by runaway couples.

Justice Rohit Kapoor noted that the Standard Operating Procedures (SOPs) notified by the Government of Punjab, Haryana and the Union Territory of Chandiarh in pursuance to Kajal versus State of Haryana and others' have not been widely circulated and due to the ignorance of the same, the Court is flooded with litigation, “without first waiting for the representations to be decided by the concerned authorities within the time periods stipulated under the said SOPs and without availing the alternate remedy of filing appeals against any order as provided under the said SOPs.”

Selection Process Cannot Be Kept Open Indefinitely, Violates Article 14: Punjab & Haryana High Court

Title: NARESH KUMAR AND ANR. v. STATE OF HARYANA AND OTHERS

Citation: LiveLaw 2025 (PH) 254

The Punjab & Haryana High Court has refused to interfere in 2014 advertisement for the post of Forest Guard observing that the selection process cannot be kept open indefinitely as the same would be violative of Article 14.

Justice Vinod S. Bhardwaj said, "The selection process cannot be kept open indefinitely. Keeping a selection process open-ended undermines the certainty and finality essential to public administration. An indefinite selection process also violates the principles of Article 14 of the Constitution as it allows unequal treatment of candidates and denies a level playing field to the future candidates."

Humanity Has Suffered Enough Environmental Damage: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Illegal Mining

Title: Gurdial Singh Kachure v. State of Punjab

Citation: LiveLaw 2025 (PH) 255

"Humanity has suffered enough environmental damage," observed the Punjab and Haryana High Court as it refused to grant pre-arrest bail to a man accused of illegal mining.

Chief Justice Sheel Nagu said, "that humanity has suffered enough environmental damage especially to the river as well as to the environment at large, the offence of illegal mining in rivers needs to be taken in all seriousness despite less punishment prescribed under the said Act and therefore, this Court deems it appropriate not to interfere in the matter."

Employees Can't Be Denied Right To Regularisation Of Service Merely Because They Were Working As Daily Wagers: P&H High Court

Title: STATE OF PUNJAB AND OTHERS v. SARWAN RAM AND OTHERS

Citation: LiveLaw 2025 (PH) 256

Employees cannot be denied the right to regularisation of service merely because they were engaged as daily wagers, the Punjab and Haryana High Court has held.

Justice Sudhir Singh and Justice Alok Jain said, "Once the appellants have not disputed the length of service of the respondents (writ petitioners), they cannot deny their legal right for being considered or entitled to regularization merely on the ground that they have been working as such on daily wages. Grant of any indulgence on such count would amount to allowing the appellants to take benefit of their dominion."

P&H High Court Junks PIL Seeking Ban On Online Betting, Says Remedy Available Under Haryana Prevention Of Public Gambling Act

Title: Anuj Malik v. The Union of India and others

Citation: LiveLaw 2025 (PH) 257

The Punjab and Haryana High Court on Friday (June 20) refused to entertain a PIL seeking to restrain all online opinion trading platforms, mobile applications, websites, and digital mediums from advertising and/or facilitating betting and wagering activities, which was said to be in violation of the Public Gambling Act.

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "since there exists adequate statutory frameworks for redressal of the grievances articulated in the petition in hand, including The Haryana Prevention of Public Gambling Act, 2025, there arises no occasion for this Court to entertain the petition in hand under its extraordinary writ jurisdiction."

P&H High Court Dismisses Ex-Judicial Officer's Plea Challenging Full Court Decision To Compulsorily Retire Him, Flags Adverse Remarks In ACR

Title: Mehar Singh Rattu v. The Registrar of Punjab and Haryana High Court,

Citation: LiveLaw 2025 (PH) 258

The Punjab & Haryana High Court today (June 20) dismissed a former Additional Session Judge's plea challenging the full court's decision to compulsorily retire him in 2000 in "public interest."

Chief Justice Sheel Nagu and Justice Sumeet Goel observed that "the phrase 'Public Interest' is inherently broad and falls within the exclusive domain of the competent authority, whose subjective satisfaction in this regard is not ordinarily subject to judicial review."

P&H High Court Warns Against Baseless Pleas Challenging Competitive Exam Answers, Says Integrity Of Experts Can't Be Allowed To Erode

Title: Lakshay Chahal v. Haryana Staff Selection Commission and another

Citation: LiveLaw 2025 (PH) 259

The Punjab and Haryana High Court has issued a stern warning against the filing of meritless petitions that challenge the answers or evaluation methods of competitive examinations.

The development ensued while hearing a plea challenging the answer key issued by the Haryana Staff Selection Commission for the post of Junior Engineer (Civil).

'Classic Administrative Lethargy', High Court Slams Haryana Govt For Failing To Notify Reserved Forest In Morni Hills For 40 Years

Title: Vijay Bansal v. State of Haryana and others

Citation: LiveLaw 2025 (PH) 260

The Punjab and Haryana High Court has directed the Haryana Government to identify and notify the reserved forest areas in Morni Hills, latest by December 31.

A division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel critised the State for not taking any action in the matter, despite the process being initiated four decades ago through a notification dated December 18, 1987.

'Irrelevant Whether Ticket No. Was Stated Incorrectly': P&H High Court Grants ₹8 Lakh Damages To Passenger Who Died In Accident On Railway Track

Title: Ramchander Shukla and another v. Union of India through the General Manager,

Citation: LiveLaw 2025 (PH) 261

The Punjab & Haryana High Court has granted a compensation of of Rs.4 lakh along with interest @ 7.5% per annum from the date of accident till the date of actual realization or Rs.8 lakh “whichever is higher.“

Justice Pankaj Jain said, "once it stands proved that deceased-Gaurav Kumar was holding a valid Monthly Seasonal Ticket (MST) on the given date even though last digit was wrongly mentioned in the claim petition, the Tribunal ought not have held him to be a bona fide passenger. Resultantly, the finding is reversed. The deceased is held to be bona fide passenger, holding a valid MST on the date of accident."