Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court

The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal, the nature of the relief was not automatically reinstatement but dependent on the facts...

Rajasthan High Court Orders Reinstatement Of Constables Dismissed Without Regular Enquiry Over Accused's Escape From Custody

Rajasthan High Court directed reinstatement of three constables, dismissed from service without conduct of regular enquiry under State Civil Services (Classification, Control and Appeal) Rules, after two accused absconded from their custody charged with looting. The bench of Justice Anand Sharma opined that merely the nature of offence committed by the absconded accused could not be a determining factor for exercising powers under Rule 19 of the Rules. The Court observed that it was a...

State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee

The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice Anand Sharma held that even though regularization could not be claimed as a matter of right, the...

Addition Of Graver, Non-Bailable Offence During Probe Justifies Cancellation Of Bail Granted By IO: Rajasthan High Court

Rajasthan High Court held that the bail granted by the IO to the accused deserved to be cancelled pursuant to the addition of graver and non-bailable offences during the course of investigation. The bench of Justice Anoop Kumar Dhand upheld the decision of a Special Judge (Dacoity Affected Area) that cancelled the bail of the petitioner after the charge of a non-bailable offence (causing...

Scheduled Areas Can Be Included In Municipal Limits Absent Governor's Exclusion Order: Rajasthan High Court

The Rajasthan High Court has dismissed a bunch of petitions challenging notification issued by the State Government under Section 3 read with Section 329 of the Rajasthan Municipalities Act 2009 (“the Act”), wherein several villages and Gram Panchayat areas that fell under the Scheduled Areas, notified under Para 6(2) of the 5th Schedule, were included in municipal limits. The division...

Section 311 CrPC | Accused Can't Be Denied Cross-Examination Due To Counsel's Illness: Rajasthan High Court

While underscoring the wide amplitude of powers available to Courts under Section 311 CrPC, the Rajasthan High Court has held that an accused cannot be denied the opportunity of cross-examination owing to the counsel's illness and resultant inability to attend the scheduled court date.The bench of Justice Anoop Kumar Dhand was hearing a petition challenging the decision of the trial court...

Different Age Criteria For Contractual And Regular Appointments Unconstitutional: Rajasthan High Court

The Rajasthan High Court has struck down Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (“2022 Rules”) as unconstitutional for being violative of Articles 14 & 16, as it prescribed 21 years as eligibility criteria for contractual recruitment to a post as compared to 18 years prescribed by Rajasthan Medical Health And Subordinate Service Rules, 1965...

Mass Transfer Of Teachers Mid-Academic Session 'Arbitrary', Disturbs Education Ecosystem: Rajasthan High Court

While staying transfer of a Government school principal, Rajasthan High Court held it to be arbitrary and damaging to the education as it was ordered in the middle of the academic session. Justice Ashok Kumar Jain said that such mass transfers in September not only disrupted classes and students' continuity but also reflected the lack of administrative sensitivity towards the school...

Outstanding Sportsperson Quota: Rajasthan High Court Prescribes Five-Step Scrutiny, Seeks Reconsideration Of Nursing Officer Candidates

While hearing a bunch of petitions by candidates for the post of Nursing officer, seeking their consideration under Outstanding Sports Person Category, Rajasthan High Court held that such claims had to be examined by the concerned State body in accordance with policy of State mentioned in the circular dated May 27, 2022 by the Department of Personnel (K-2). The bench of Justice Ashok Kumar...

Rajasthan High Court Flags Inclusion Of Scheduled Areas Within Municipalities' Limits Due To Legal Vacuum, Issues Hybrid Arrangement

The Rajasthan High Court expressed “serious constitutional concern” wherein Scheduled Areas were being included within municipal corporations' limits in the absence of a legal framework owing to prolonged non-enactment of Municipalities (Extension to the Schedules Area) Bill 2001 (MESA). The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit said that in...

Rape By Father 'Transcends Ordinary Criminality'; Victim-Daughter's Testimony Sufficient: Rajasthan High Court

While dismissing an appeal against a rape conviction in a POCSO Case, the Rajasthan High Court held that the testimony of the victim herself, being the daughter of the convict, constituted the best possible evidence of the occurrence, since there was no reason for her to falsely implicate her own father. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma...

Poverty Can't Be Bar To Parole: Rajasthan High Court Waives Surety Condition For Indigent Life Convict, Frames Guidelines

The Rajasthan High Court has held that any insistence on sureties from an indigent prisoner as a precondition for being released on parole, who is unable to fulfil that condition, especially after repeated judicial interventions in the past that waived that requirement, is violative of Articles 14 and 21 of the Constitution and morally indefensible. The division bench of Justice Arun Monga...