Promotion To HC's Assistant Registrar Based On Merit, Seniority Of Candidates Can't Be Sole Criteria: Rajasthan High Court

In a plea filed by four Court Masters challenging seniority list of Assistant Registrars claiming that despite being senior they had been put below Administrative Officers (Judicial) in the seniority list and were denied promotion, the Rajasthan High Court observed that criteria for promotion to the post is based on merit. The petitioners were promoted as Court Masters on 26.09.2015 in...

Elected Official Represents People's Voice: Rajasthan High Court Flags Removal Of Panchayat Members Without Adherence To Procedure

The Rajasthan High Court took note of numerous cases wherein orders for removal of Panchayat Members were passed without adhering to the mandatory provisions and procedures of Rule 22 of the Rajasthan Panchayati Raj Rules, 1996, observing that it appeared that Enquiry Officers were not well-versed with the provisions.Justice Anoop Kumar Dhand directed the Principal Secretary, Department...

Rajasthan High Court Denies Bail To Juvenile In Murder Case, Says Allegation Of 'Mercilessly' Causing Death Needs Cautious Approach

The Rajasthan High Court upheld denial of bail to a juvenile charged with the allegations of “brutally” murdering a person along with the co-accused, on grounds of gravity of the offence, his direct involvement and absence of compelling reasons to grant bail.Underscoring the awareness of Section 12 of the Juvenile Justice Act, 2015 (the “Act”), the bench of Justice Manoj Kumar...

Termination Order Questioning Employee's 'Integrity' Carries Stigma, Requires Enquiry: Rajasthan High Court

The Rajasthan High Court held that no order of termination on account of questionable integrity could be passed under Clause 8(iii) and (iv) of the Rajasthan State Road Transport Workers & Workshop Employees Standing Orders, 1965 (“the Orders”) without holding any enquiry.Clause 8(iii) of the Orders laid down that a probationer could be confirmed if he passes the prescribed test...

Can't Disturb Admission Process: Rajasthan High Court Rejects Student's Plea For Time To Improve Class 12 Marks Before IIT Counselling

The Rajasthan High Court rejected the petition by a student seeking directions to the National Testing Agency (“NTA”) to provide her additional time to improve her marks in the 12th standard by way of supplementary exams and become eligible for admission to an IIT.She had sought directions to the authorities to provide her adequate opportunity and sufficient time for submitting...

Rajasthan High Court Rejects Former Jaipur Mayor's Plea Against Suspension In Alleged Corruption Case

Rajashtan High Court has dismissed the petition filed by Mayor of Jaipur Municipal Corporation, Heritage, against an order of the State by which she was placed under suspension owing to alleged involvement in a corruption incident along with her husband.The bench of Justice Anoop Kumar Dhand observed that instead of challenging the suspension order on merits, the petitioner had challenged...

In Ongoing Property Dispute Between Siblings Rajasthan High Court Permits Temporary Public Access To Idol Of 'Shri Dwarkadhish Prabhu'

In a dispute regarding installation of the idol of “Shri Dwarkadhish Prabhu” in the Dwarkadhish Haveli in Nathdwara (“Property”), the Rajasthan High Court in an interim order has allowed temporary access to the public to pay obeisance to the deity only on the ground floor of the property where the idol has been installed.Justice Anoop Kumar Dhand in his order said:"It is made clear...

'Cases Filed By Grandparents, Judgments Heard By Grandchildren': Rajasthan High Court Laments Delay In Adjudication By Revenue Courts

In a case concerning a challenge to the Revenue Board's order, Rajasthan High Court expressed its dismay at the delay caused in disposal of cases by the authority observing that often cases filed by grandparents are decided after long lapse of time wherein their grandchildren are able to finally hear the decision. The court thus emphasized on the need to prioritize revenue cases remarking...

Revenue Courts Deciding Land Ownership, Tenancy Rights Without Any Judicial Training: Rajasthan High Court Calls For Structural Reforms

While taking note of lack of legal education and training to the officers posted in Revenue Courts and Revenue Appellate Courts (collectively referred to as “Revenue Courts”), as well as the huge pendency in these courts, Rajasthan High Court suggested necessary proactive and corrective measures.The bench of Justice Anoop Kumar Dhand opined that the orders passed by Revenue Courts...

Party Can't Suffer Consequences Due To Counsel's Negligence: Rajasthan High Court Restores Criminal Appeal Dismissed For Non-Appearance

Rajasthan High Court has set aside a Sessions Court order dismissing an appeal against conviction under Section 138 NI Act over non-appearance of the appellant's counsel.Opining the judgment to be passed in a "mechanical and cursory manner", without application of mind and against the principle of natural justice, the bench of Justice Manoj Kumar Garg held that a party could not be allowed...

'Drop-In Fuel' Akin To Petroleum & An Essential Commodity, Centre's 2005 Order Regulating Retail Sale Will Apply: Rajasthan High Court

The Rajasthan High Court has observed that drop-in bio fuels fall under the definition of petroleum and petroleum products, and would classify as essential commodities and would be subject to application of Central Government's Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005. The Control Order empowered the Central Government...

Termination After 15 Yrs Of Service For Ineligibility Due To Having 3 Children Is Against Purpose Of Compassionate Appointment: Rajasthan HC

The Rajasthan High Court has granted relief to the petitioner who was terminated from service 15 years after being granted compassionate appointment, on the ground that he was ineligible for appointment for having 3 children. Considering that no concealment was made by the petitioner and the appointment happened after due diligence by State, the Court set aside termination.Underscoring...