Disposed

Jasvir Kaur v. State of Punjab and Ors.

Punjab & Haryana HC29 May 2013CRM-M/10447/2013

Case brief

AI extract

What is this about?

Single judge disposed of a petition seeking permission for the petitioner to reside in an employee quarter to care for minor children. The court granted permission conditional on the continuation of the employee, allowing eviction if an eviction order against him were passed.

What did the court decide?

Liberty to stay in the quarter with the children, subject to eviction if an eviction order against Jasvir Singh is passed by the Institute.

Jasvir Kaur Vs State of Punjab and Ors. — Service and Employment | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRL. MISC. No.M-10447 OF 2013 DATE OF DECISION : 29th MAY, 2013

Jasvir Kaur

…. Petitioner

Versus

State of Punjab & others

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…. Respondents

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CORAM : HON’BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. J. S. Gill, Advocate for the petitioner.

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Mr. Mikhail Kad, Assistant Advocate General, Punjab for respondents No.1 to 4.

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Mr. Pardeep Goel, Advocate for respondent No.5.

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L. N. MITTAL, J. (ORAL)

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FIR No.206 dated 24.12.2012 has been registered in Police Station Dirba, District Sangrur for various offences including offences under Sections 302 and 307 IPC and Section 25 of the Arms Act against Jasvir Singh, his wife Harmeet Kaur, brother Raghbir Singh, parents, sister and others for murder of one Hakam Singh who was a relative of the said accused. Aforesaid Jasvir Singh is employee of respondent No.5-Sant Longowal Institute of Engineering & Technology, Longowal (in short, Institute) and was staying in quarter allotted to him in the Institute. Now Jasvir Singh and his wife are on the run. Petitioner Jasvir Kaur is wife of brother of said Jasvir Singh.

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Grievance of the petitioner in the instant petition is that she has to look after the minor children of Jasvir Singh by staying in the quarter

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CRL. MISC. No.M-10447 OF 2013

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allotted to Jasvir Singh in respondent No.5-Institute but respondents No.3 and 4 police officials are not permitting the petitioner to do so.

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I have heard learned counsel for the parties and perused the

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case file.

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Respondent No.5-Institute in its reply has inter alia mentioned that petitioner, being sister-in law of Jasvir Singh, is responsible for well being of the children of Jasvir Singh and therefore respondent No.5-Institute has no objection if the petitioner stays with the children in the aforesaid quarter but she has to take care of the children while staying there.

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Learned State counsel, on instructions from ASI Ranjit Singh, stated that official respondents have no objection if the petitioner stays in the aforesaid quarter with children of Jasvir Singh.

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Learned counsel for respondent No.5-Institute stated that Jasvir Singh was on leave and is now absent from duty and, therefore, disciplinary proceedings have been initiated against him and if he is ordered to be evicted from the aforesaid quarter, then petitioner shall have no right to stay in the said quarter with children of Jasvir Singh after passing of the eviction order. Counsel for the petitioner has no objection to the same.

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In view of the aforesaid, the instant petition is disposed of with liberty to the petitioner to stay in the aforesaid quarter in Instituterespondent No.5 along with children of Jasvir Singh so as to take care of the said children but they shall have no right to stay in the said quarter if and when eviction order, against Jasvir Singh from the said quarter, is passed by respondent No.5-Institute.

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29^th May, 2013 ‘raj’

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(L. N. MITTAL) JUDGE

Jasvir Kaur v. State of Punjab and Ors.

Case brief

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Jasvir Kaur v. State of Punjab and Ors.

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