Punjab & Haryana High Court Weekly Round-Up: March 25- March 31

Punjab & Haryana High Court Weekly Round Up- March 25- March 31

Nominal Index

Gurwinder Singh v. State of Punjab 2024 LiveLaw (PH) 92

Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. 2024 LiveLaw (PH) 93

XXX v. XXX 2024 LiveLaw (PH) 94

Jyoti Bala v. State of Punjab and others LiveLaw (PH) 95

 Harey Ram v. State of Punjab LiveLaw (PH) 96

Gautam Sehgal v. State Of Punjab LiveLaw (PH) 97

Balwinder Singh v. State of Punjab & others LiveLaw (PH) 98

Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 92

Title: Gurwinder Singh v. State of Punjab

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Patwari accused of accepting a bribe for entering a mutation based on forged documents observing that, employees vulnerable to temptations must not be given government jobs and any sympathies with such employees "erodes democracy's success."

Justice Anoop Chitkara said, "A responsibility to perform any executive function when given to an officer drawing salary from the public exchequer is nothing short of delegation by the sovereign of its powers, and such officers are duty bound to stand tall in the performance of their duties, and they can discharge them legal, honesty and efficiently, only when they are honest, skilled, and meritorious.

Those who have strong moral compass do not waiver because of temptation, and they place their duties to the system over and above their vested interests. Temptation or unquenched thirst for more money, more power is a devil in disguise."

'Crossed All Boundaries': P&H HC Imposes ₹5 Lakh Cost On CONFED For Withholding Deceased Employee's Pension, Seeking Recovery Of Losses From Widow

Citation: 2024 LiveLaw (PH) 93

Title: Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd.

The Punjab & Haryana High Court has imposed a cost of Rs. 5 lakh on the Haryana State Federation of Consumers Co-Operative (CONFED) for not releasing the retiral benefit of an accountant who retired in 2015 upon finding that the actions against him were "atrocious" and violative of right to livelihood under Article 21 of the constitution.

It was stated that three chargesheets were issued by the CONFED against the employee on allegations of shortfall due to less moisture gain in the stocks.

'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim

Citation: 2024 LiveLaw (PH) 94

Title: XXX v. XXX

Observing that "life is not just about being able to breathe, rather it is about being able to live with dignity", the Punjab & Haryana High Court has allowed termination of the 21-week pregnancy of a 13-year-old rape victim.

According to the Medical Termination of Pregnancy (MTP) Act, termination of the pregnancy can be allowed by the two registered medical practitioners for up to 20 weeks. However, beyond 20 weeks to 24 weeks, only certain categories of women are allowed to terminate pregnancy.

High Court Directs Appointment Of Teacher Rejected By Punjab Govt For Acquiring Teaching Experience From Outside State, Says Action Violates Article 14

Citation: 2024 LiveLaw (PH) 95

Title: Jyoti Bala v. State of Punjab and others

The Punjab & Haryana High Court has directed the appointment of a Punjab Government teacher who was rejected on the ground that the essential experience required was gained by him from teaching outside the State.

It was stated that a candidate who was qualified for the post of Head Teacher in Punjab was denied appointment because she had obtained the essential experience required for the post from a Haryana Government School. The Punjab Government claimed that a "State Government School" under Punjab Civil Services Rules would mean Punjab Government School only.

'Fight Took Place In Spur Of Moment, No Premeditation': Punjab & Haryana HC Modifies Murder Conviction To Culpable Homicide Not Amounting To Murder

Citation: 2024 LiveLaw (PH) 96

Title: Harey Ram v. State of Punjab

The Punjab & Haryana High Court has modified the conviction of a murder case under Section 302 IPC into culpable homicide not amounting to murder under Section 304 IPC, observing that the fight which took place between the convict and deceased was not premeditated.

A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh said, " This Court is conscious of the fact that the incident occurred in the ear 2006 when a sudden fight took place between the accused and deceased, there was no premeditation and the offence was committed in the spur of the moment. The appellant was unarmed and the injury was caused by a brick blow. This Court is of the view that conviction of the appellant would not fall under Section 302 IPC but fall under Section 304 Part-I IPC.

Drug Peddlers Destroy Social Fabric, Need No Sympathy': Punjab & Haryana High Court Refuses Bail For Chemist Accused Of Smuggling Contraband

Citation: 2024 LiveLaw (PH) 97

Title: GAUTAM SEHGAL v. STATE OF PUNJAB

The Punjab & Haryana High Court has refused to grant bail to a chemist accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act for allegedly selling "dangerous contraband", observing that drug peddlers need to be dealt with firmly and sternly with no sympathy.

Justice Sandeep Moudgil said, "The drug menace in the State of Punjab is writ large and large number of youth are falling prey at the hands of such mafia. The role of the petitioner is not that of law abiding citizen as is evident from the record before this Court. It is of utmost importance at this stage to consider the clandestine smuggling of narcotics drugs and psychotropic substance which has led to drug addiction among a sizeable section of the public, particularly the adolescence and students of both sexes. The menace has assumed serious and alarming proportions in recent times."

'Police Officer Has To Maintain Greater Discipline, Act Of Remaining Absent From Duty Is Gravest From Of Misconduct': Punjab & Haryana High Court

Citation: 2024 LiveLaw (PH) 98

Title: Balwinder Singh v. State of Punjab & others

The Punjab & Haryana High Court has rejected the plea of a police officer challenging his dismissal for being absent from his duty without leave for 259 days.

Acting Chief G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that it is settled principle by various judgments that a man in uniform has to maintain greater discipline and the act of remaining absent from duty is a gravest act of misconduct."

Other Developments

[Noise Pollution] Punjab & Haryana High Court Seeks Status Report On Implementation Of Guidelines On Use Of Loudspeakers

Abhilaksh Sachdev and another vs. State of Haryana and others

The Punjab & Haryana High Court has sought a status report on the implementation of its guidelines on the use of loudspeakers, from the Governments of Punjab and Haryana.

While hearing a plea of a Haryana resident against curbing use of loudspeaker in Gurudwara, Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "Keeping in view the issue involved, we expand the scope and also implead the State of Punjab for giving its report whether the judgment dated 22.07.2019 rendered in CWP-6213-2016, Reet Mohinder Singh vs. State of Punjab and others...is being implemented. "

Death By Spurious Liquor In Punjab: Plea In High Court Seeks Directions For Probe Into Matter, Role Of Officials Involved

Title: Bikramjit Singh Bajwa v. State of Punjab & Ors.

A public interest litigation (PIL) has been filed before the Punjab & Haryana High Court seeking an investigation into the selling of spurious liquor which allegedly caused the deaths of its consumers in Punjab.

It is stated that 21 people died in March due to the spurious liquor which is easily available and is being sold illegally allegedly in connivance with the Police and Excise Officials in Punjab's Sangrur.

Punjab & Haryana High Court Issues Notice On Plea Seeking Installation Of CCTV Cameras, 24-Hrs Surveillance To Prevent Road Accidents

Title: Kanwar Pahul Singh v. UOI & Ors.

The Punjab & Haryana High Court has sought response of Union and State Governments of Punjab and Haryana on PIL filed seeking directions to take steps like installation of CCTV cameras for 24 hrs surveillance, in order to prevent roads accidents.

A division bench of Acting Chief Justice G.S Sandhawalia and Justice Lapita Banerji issued notice to the Union of India, State Governments of Punjab, Haryana and other authorities.

Haryana Cabinet Expansion: HC Seeks Response From Centre, State On Plea Alleging Number Of Ministers Exceeds Constitutionally Mandated 15% Of Assembly

Title: Jagmohan Bhatti v. UOI & Ors.

The Punjab & Haryana High Court today, sought a response from the Union, State Government and other authorities on a PIL challenging the expansion of the Haryana Government Cabinet on March 17, stating that the number of Ministers exceeds 15% of the Assembly which is in violation of Article 164 of the Constitution. According to Article 164(1A), the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State.