Rajasthan High Court
Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC
While refusing to quash an FIR registered for non-compoundable offences of kidnapping, theft after the parties had entered into an amicable settlement, the Rajasthan High Court underscored that permitting quashing of such cases based on compromise would undermine the very purpose of criminal law and embolden offenders.In doing so the court underscored that compounding of such offences would set...
S.45 Indian Evidence Act | Court Can Refuse Expert Opinion For Comparing Signatures If No Doubt Exists Regarding Genuineness: Rajasthan HC
The Rajasthan High Court has affirmed that normally a court shall seek expert opinion under Section 45 of the Indian Evidence Act when it has to compare admitted and disputed signatures. However it can refuse such expert opinion only if there are "no doubts regarding the genuineness" of the signatures after comparison.Justice Anoop Kumar Dhand referred to Section 45 which provides that the...
Circular To Recommend Candidate 45 Days Before Expiry Of Waiting List Not Meant To Curtail 6-Month Validity Period Of Wait List: Rajasthan HC
The Rajasthan High Court has ruled that the 45-day time period under Clause 11 of the Department of Personnel Circular dated April 5, 2021 (“Clause 11”), was not meant to curtail the validity of the waiting list to less than 6 months even when the recommendations from the waiting list were not made within the stipulated timeline.Clause 11 of the DoP Circular dated April 5, 2021, laid down...
Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules
The Rajasthan High Court has suggested to the State to set up an expert committee to examine grievances raised by retired government employees claiming that the 14-year period after which full pension is to be restored under the Rajasthan Civil Services (Commutation of Pension) Rules was leading to financial loss and needs reworking.The petitioners claimed that full pension is restored after...
Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds
The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...
Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings.The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in a light or...
Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date
Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology (“MNIT”) after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission.The bench of Justice Anoop Kumar Dhand also opined that there could...
Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide.The bench of Justice Kuldeep Mathur observed that it was a settled law that abetment to suicide...
Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008
While reiterating that discriminating between regular females employees and those on contractual basis, by denying complete 180 days of maternity leaves to the latter was violative of Article 14 and 21, Rajasthan High Court directed the State to pay additional salary (with interest @ 9% p.a.) of remaining period to the petitioner who was granted only 2 months' maternity leave when applied for...
Rajasthan HC Admits Plea Challenging Installation Of Petrol Pump Near Crematorium & 11,000 KV High-Tension Line, Confirms Stay Order
The Rajasthan High Court has admitted a petition challenging installation of a Hindustan Petroleum Corporation Limited (“HPCL”) petrol pump 25 meters near a shamshan and 18 meters near a high-tension line of 11,000 KV, while confirming the order that stayed such installation, permitting HPCL to take out the motor spirit if already stored in the underground tanks.The bench of Justice...
Party Can Inquire Case Status From His Counsel, Mere Lack Of Communication With Lawyer Not Ground To Condone Delay In Filing Appeal: Rajasthan HC
While dismissing a challenge to trial court's dismissal of an appeal barred by two and half years, Rajasthan High Court observed that it could not excuse the delay only on the grounds that the petitioner was not informed by his counsel about the order passed by the lower court, when no justification was provided on his failure to ask about the status of his case from his counsel.The bench...
Can't Allow Candidates Who Contest For Diploma Post Despite Holding Degree To Be Transferred To Cadre Of Degree Holders: Rajasthan HC
Rajasthan High Court rejected petitions filed by employees of Department of Agriculture, Rajasthan (“State”) whose transfer from the cadre of Civil Engineers (Diploma Holders) to Civil Engineers (Degree Holders) was revoked, on the ground that such benefit under Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (“the Rules”) was not for a candidate who...