Rajasthan High Court
Rajasthan Service Rules | High Court Lays Down Guidelines For Issuing 'Awaiting Posting Orders', Says Reasons Must Be Conveyed To Employees
While hearing a bunch of petitions by government employees who were put under the category of “Awaiting Posting Orders” without assigning or conveying any reasons, the bench of Justice Arun Monga at the Rajasthan High Court issued the following guidelines:1) Purpose and Justification of APOs a. To be issued based on administrative necessity or public interest and not as a punitive...
Rajasthan High Court Orders State To Regularize Eligible Employees Appointed As Far Back As In 1979, Give Benefits To Irregular Appointees
Observing that in a welfare State prolonged denial of regularization despite continuous service for decades borders on institutional exploitation, the Rajasthan High Court passed a slew of directions to the State government in respect of various employees appointed as far back as 1979 whose initial appointments were irregular or illegal, but who had completed long years of service.Justice...
Girls Often Expected To Prioritize Household & Marriage, State Obligated To Implement Their Fundamental Right To Education: Rajasthan HC
Rajasthan High Court has granted permission to the Superintendent, Government Balika Grah, to admit a 11 year old rape victim, in any Government School situated near the vicinity of the Balika Grah, and to bear expenses of her studies till she attained the age of majority.The bench of Justice Anoop Kumar Dhand also directed the Superintendent, Balika Grah, to submit report along with...
Rajasthan HC Refuses To Quash FIR Against State University Students Booked For Assaulting Ex-Professor Based On Compromise Between Them
The Rajasthan High Court rejected a plea for quashing an FIR based on compromise between certain students of Rajasthan University accused of assaulting a former professor, observing that the alleged offences were serious in nature and per se breaches the tranquility and peace of society. Justice Sameer Jain in his order said:"The allegations noted in the FIR pertain to a...
'Public Money Misused By State Govt': Rajasthan HC Halts Grant Of Scholarship To Students With Over ₹25 Lakh Annual Family Income
The Rajasthan High Court in an interim order has restrained the State government from granting benefits of Swami Vivekanand Scholarship for High Studies (earlier known as Rajiv Gandhi Scholarship) to any candidates falling under the E3 category having annual family income of more than 25 lakhs, till further orders.The court said so after noting that "millions of rupees" from...
Abandoning Duty Without Prior Sanction Is Not 'Deemed Resignation', Must Be Dealt As Indiscipline Under Civil Services Rules: Rajasthan HC
Rajasthan High Court partly allowed a plea challenging an order under Rule 86 of Rajasthan Voluntarily Rural Education Service Rules as per which a government college teacher was “deemed to have resigned”, stating that though show cause notice issued to him was correct, his act of not reporting back on duty could not be deemed as a resignation. The court said that though Rule 86 was...
Suspension Order & Charge Sheet Issued On Holiday Not Invalid, Govt Functions 24 Hrs A Day, 7 Days A Week: Rajasthan HC
While rejecting a petition challenging a suspension order and charge sheet issued to the Pradhan of a Panchayati Samiti, Rajasthan High Court held that charge-sheet and the suspension order could not be considered as void or invalid on the mere ground that the two were issued on a holiday.Justice Anoop Kumar Dhand in his order said that government servants were not barred from working on...
26 Yrs On, Rajasthan HC Laments Plight Of Meritorious Visually Impaired Man Denied State Service Cadre For Not Fitting State's Check-Boxes
After over 2 decades, Rajasthan High Court granted relief to a visually impaired candidate who, despite being meritorious in the Examination, was not appointed under Rajasthan Administrative Service (RAS) but under State Accounts Service. This was because the State had not considered him disabled enough for reservation under disabled category and he was also not considered medically fit under...
Municipal Bodies Not Complying With Statutory Laws, State Must Evolve Mechanism To Monitor Their Functioning: Rajasthan High Court
Rajasthan High Court expressed astonishment over the fact that out of 282 Municipal Councils/Boards, several were not following the mandatory requirement of conducting 6 meetings per year as required under Section 51 of the Rajasthan Municipalities Act, 2009 (“the Act”), without any action being taken against the defaulters by the State.The bench of Justice Anoop Kumar Dhand issued...
Marriage More Than A Ritual, Holds Unique Cultural Significance: Rajasthan HC While Quashing Rape FIR After Accused And Victim Marry
While quashing a rape case based on marriage between the complainant and the accused, Rajasthan High Court remarked that marriage is a sacred and divine institution, transcending earthly matters and holding unique significance in culture.“Marriage is considered as sacred union between two individuals – transcending beyond physical, emotional and spiritual bonds. According to the ancient...
Rajasthan HC Sets Aside Abetment To Suicide Charge, Says No "Direct, Demonstrable Link" Between Actions Of Accused And Victim's Decision
The Rajasthan High Court overturned a trial court order which had charged the accused–a private cricket coach for abetment to suicide of fellow coach along with criminal defamation, wherein the deceased was allegedly harassed by the accused within a Whatsapp group. The court observed that notably there was no suicide note discovered near the deceased and the allegation of harassment and...
Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines
The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to...