Rajasthan High Court
Rajasthan HC Imposes ₹1.5 Lakh Cost On 'Motivated' PIL Against State Electricity Distributor's Joint Venture With NTPC
Rajasthan High Court imposed a cost of Rs. 1,50,000/- on a retired Chief Engineer of the Electricity Department while dismissing his PIL seeking quashing of joint venture between Rajasthan Rajya Vidyut Utpadan Nigam Ltd. and National Thermal Power Corporation Ltd. (“the JV”), opining it to be motivated by oblique motives, and a sheer abuse of process of law.It was the case of the...
Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly
The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...
Transfer From CMO To Hospital's Deputy Controller A Reduction In Rank, Amounts To Deputation For Which Consent Is Needed: Rajasthan HC
The Rajasthan High Court quashed an order where a government employee serving as Chief Medical and Health Officer (CM&HO) Udaipur was transferred as Deputy Controller of District Hospital, Pratapgarh observing that it amounted to deputation for which the employee's consent is mandatory which was missing herein. In doing so the court set aside the single judge's order which had upheld...
Accounts Dept Has No Expertise To Sit Over Medical Board's View: Rajasthan HC Upholds Order Granting Disability Pension To Ex-Army Personnel
The Rajasthan High Court upheld Armed Forces Tribunal's order which granted benefit of 'disability element of disability pension' to a defence personnel, holding that Chief Controller of Defence Accounts (Pension) didn't have expertise to question correctness of personnel's assessment conducted by Re-survey Medical Board (RSMB).The division bench of Chief Justice Manindra Mohan Shrivastava...
Non-Appointment Of AAG After Consultation With High Court Not Contempt: Rajasthan HC Closes Suo Motu Criminal Proceedings Against State
Closing a suo motu criminal plea registered by a single judge on the non-issuance of order by State appointing Branmanand Sandu Advocate Cum Additional Advocate General despite the high court's consent, the Rajasthan High Court observed that it did not amount to contempt nor could it be considered a criminal matter.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice...
Delay Not Explained: Rajasthan HC Upholds Order Rejecting Plea To Produce Sale Deed's Certified Copy Moved 13 Yrs After Suit Was Filed
The Rajasthan High Court upheld a trial court order rejecting the plaintiffs' plea to bring on record a sale deed 13 years after plaint was filed, stating that merely because the suit was at the stage of plaintiff's evidence, it gave the plaintiff no inherent right to produce a document which was in their knowledge from the time of filing the suit.In doing so the high court further observed...
Can't Cancel Appointments On Mere Allegation Of Discrepancies In Degrees Of Candidates: Rajasthan HC Forms Panel To Conduct Inquiry
The Rajasthan High Court formed a 3-member committee headed by the Secretary of the Rajasthan Staff Selection Board for conducting factual inquiry into the allegations against certain individuals regarding discrepancies in the degrees submitted by them at the time of appointment by the education department. Justice Dinesh Mehta in his order formed the committee observing that until the...
Party Can't Blame Lawyer For Its Own Negligence Without Citing Any Proof: Rajasthan HC Upholds Dismissal Of Suit For Non-Appearance
While upholding rejection of an application filed under Order 9, Rule 9 CPC owing to the law of limitation, Rajasthan High Court held that a party could not be permitted to blame the lawyers for their negligence without there being any proof of the same.Order 9, Rule 9 CPC lays down the right of a party, whose suit was dismissed for default in appearance, to apply for setting aside the...
'Arbitrary': Rajasthan HC Orders Appointment Of Widow Who Was Denied Post Due To Pending Criminal Case Arising Out Of Matrimonial Issue
The Rajasthan High Court grants relief to a widow candidate who had successfully cleared the interview of the Rajasthan Administrative Services (RAS), but was denied appointment on the ground of pending criminal cases arising out of matrimonial discord.Justice Arun Monga held that despite pending criminal proceedings being a condition for ineligibility prescribed in a circular, the...
Home Guards Rendering Long Non-Rotational Service Not 'Volunteers' Anymore, Disheartening To See Exploitation By State: Rajasthan HC
Rajasthan High Court ruled that the home guards who were on non-rotational duty ever since their deployment without any break could not be considered as “volunteers” since the extraordinary longevity of their service had transformed their role from voluntary to de facto employment with the State.The bench of Justice Arun Monga further opined that despite relying so heavily on their...
Temporary Teachers Can Challenge Termination Under Non-Govt Educational Institutions Act, Removal Without Reasons Is Wrong: Rajasthan HC
The Rajasthan High Court has held that appeal under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 is maintainable even in matters of termination of temporary employees since the mandate under Section 18 of the Act had to followed even in case of regular as well as temporary employees.Section 18 of the Act provides the procedure to remove, dismiss or reduce...
Retesting Prohibited Under NDPS Act Unless In Exceptional Circumstances, Request Must Be Made Within 15 Days Of FSL Report: Rajasthan HC
Rajasthan High Court has reiterated that retesting or resampling in drugs cases is generally prohibited under NDPS Act, and it cannot be allowed in a routine manner. It could be ordered only in exceptional circumstances by the Trial Court after providing specific reasons and establishing reasonable grounds for such direction.The bench of Justice Farjand Ali advised the DGP, Rajasthan to...