Rajasthan High Court
State Can Order Reassessment Of Disability Certificates Of Employees Appointed Under PwD Quota To Prevent Fraudulent Claims: Rajasthan HC
The Rajasthan High Court rejects a bunch of petitions, challenging the State's order of compulsory reassessment of benchmark disabilities of persons who, during the last 5 years or more, were employed under the PwD category, opining that it was the State's duty to ensure that reservation policies were implemented in a legal and transparent manner, ensuring equality and fairness. “A humane...
Minor Below Minimum Age Prescribed For Applying At Time Of Employee's Death Can't Seek Compassionate Appointment: Rajasthan High Court
The Rajasthan High Court has held that even though compassionate appointments are made to mitigate the hardship suffered by the family of the deceased employee, the Government could not be compelled to wait indefinitely until the child of the deceased, who was minor at the time of death, attains majority for submitting the application for employment. The bench of Justice Kuldeep Mathur...
Denying Doctor Permission To Pursue Higher Studies Solely Due To 'Administrative Inconvenience' Not Sustainable: Rajasthan High Court
The Rajasthan High Court has granted interim relief to a Medical Officer who was selected for a Senior Residency Course but was not relieved from service by the State, observing that denial of permission to pursue higher studies merely on account of administrative inconvenience cannot be sustained.Justice Nupur Bhati directed the State authorities to relieve the petitioner immediately so that...
Rajasthan High Court Quashes Case Against JDA Officer Accused Of Illegal Demolition, Cites Lack Of Sanction
The Rajasthan High Court set aside proceedings against the Enforcement Officer, Jaipur Development Authority (“EO, JDA”) in a case of alleged unlawful entry and demolition of entry gate, in absence of prior sanction under Section 197, CrPC and restriction under Section 78 of the JDA Act.The bench of Justice Pramil Kumar Mathur was hearing a petition challenging the orders of the trial...
Rajasthan High Court Expresses Dissatisfaction Over City Cleanliness, Says Fines May Be Imposed On Citizens For Improper Garbage Disposal
The Rajasthan High Court has expressed dissatisfaction over the performance of the Municipal Corporation relating to the cleaning of the city, and suggested steps that should to be undertaken including imposition of fine on citizens who did not perform their duties of getting the garbage removed from their particular area. The division bench of Acting Chief Justice Sanjeev Prakash Sharma...
Rajasthan High Court Drops Suo Motu Contempt Against Registry Officials Over Non-Listing Of Cases
The Rajasthan High Court has dropped the suo moto contempt proceedings initiated against Registry officials over grievances expressed by certain advocates alleging non-listing of matters even after Court fixing the next dates. The division bench of Justice Pushpendra Singh Bhati and Justice Sandeep Shah took note of a Supreme Court decision that held that filing of contempt petition merely...
Freezing Bank Account Without Prima Facie Link To Offence Violates Right To Life, Trade: Rajasthan High Court
Rajasthan High Court held that freezing of a citizen's account without any cogent reason or establishing even a prima facie nexus of such account with the offence, amounted to grave and unwarranted intrusion that violated fundamental rights under Article 21 and 19 (1) (g). The bench of observed that the statutory power of investigating agencies to request the bank to freeze the account, could...
Hybrid Hearings Are Here To Stay, AI Cannot Replace Human Adjudication : Judges At Chandigarh Panel Discussion
A panel discussion on “Judges: Present and Future” was organised by the Chandigarh International Arbitration Centre in collaboration with Indian International Disputes Week at the Punjab and Haryana High Court.The discussion brought together members of the judiciary from India and abroad to deliberate on the evolving role of judges amid rapid technological advancements in the legal...
Employees Selected In Same Recruitment Process Can't Be Given Different Pay Based On Joining Date: Rajasthan High Court
The Rajasthan High Court has held that candidates who have been selected, appointed and joined their services in the same recruitment process cannot be discriminated in the matter of pay fixation, merely on the basis of joining dates.The bench of Justice Chandra Shekhar Sharma was hearing petitions filed by school lecturers alleging that the State was discriminating in the pay scale of...
Rajasthan High Court Grants 40-Day Interim Bail To Undertrial To Assist Father Undergoing Urgent Surgery
While allowing interim bail of an under-trial accused, Rajasthan High Court observed that serious illness of a parent where immediate surgical intervention was medically advised, was recognized as a valid humanitarian ground for temporary release, subject to adequate safeguards. Taking note of the multiplicity of FIRs against the petitioner and allege series of transactions, the bench of...
Misleading Social Media Posts Violate Right To Life: Rajasthan HC Orders Removal Of Facebook Post About Minor, Flags Privacy Violation
Rajasthan High Court held that any misleading material on Facebook or social media which was found to be false, malicious and intended at damaging the reputation or invading privacy of an individual, was a violation of that individual's right to fundamental right under Article 21 of the Constitution. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a minor, living with...
Son's Right To Compassionate Appointment Cannot Be Defeated By Parents' Divorce Or Appointment Of Father's Second Wife: Rajasthan HC
While granting the relief of compassionate appointment to the respondent, Rajasthan High Court held that denial of such appointment merely on the ground that after his parents divorce the respondent was not residing with the deceased employee and thus was not dependent on him, was clearly untenable. The division bench of Acting Chief Justice Sanjeev Prakash Sharma, and Justice Baljinder...