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

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.Adding...

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

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...

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

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...

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

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. Justice Sanjeev Prakash Sharma and Justice H.S. Grewal said:"We are daily finding ex-servicemen...

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

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...

Punjab & Haryana High Court Weekly Round-Up: May 26 - June 01, 2025

Nominal Index [Citations 234 - 244]KAMLESH v. STATE OF PUNJAB AND OTHERS LiveLaw 2025 (PH) 234Kuldeep Singh v. Union of India and others LiveLaw 2025 (PH) 235Sudhir Pramar v. Punjab and Haryana High Court, Chandigarh and others LiveLaw 2025 (PH) 236STATE OF HARYANA v. SUMIT @ FUNDI & ANOTHER LiveLaw 2025 (PH) 237RAN VEER v. STATE OF HARYANA AND OTHERS LiveLaw 2025 (PH) 238Rustam Garg...

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

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...

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

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.Facts In BriefThe Letter Patent Appeal was filed by Surender Lather who was selected in...

P&H High Court Issues Contempt Notice Against DSP Who Asked Accused For Certified Copy Of Bail Order, Later Discharges Him Upon Taking Lenient View

Taking a lenient view, the Punjab & Haryana High Court has discharged a Deputy Superintendent of Police (DSP) from a contempt notice issued for asking the accused in an SC/ST Act case for the certified copy of the interim pre-arrest bail order granted by the High Court. The Court had asked the accused to join the investigation.Justice Sandeep Moudgil said, "Though there is no...

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

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...

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

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.Justice Rajesh Bhardwaj said,...

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

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...