'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...

Rajasthan High Court Monthly Digest: January 2025

Citations: 2025 LiveLaw (Raj) 01 To 2025 LiveLaw (Raj) 42NOMINAL INDEXRamesh Kumar v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 1Narpat Surela v the State of Rajasthan, and other connected petition 2025 LiveLaw (Raj) 2Amrit Transport Company v Oriental Insurance Company & Anr. 2025 LiveLaw (Raj) 3Nopa Ram & Ors. v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 4M/s S.A.S...

State Free To Decide Eligibility Criteria Unless Shown Arbitrary: Rajasthan HC Rejects Challenge To Padmesh Mishra's Appointment As AAG In SC

Dismissing an advocate's plea challenging the appointment of Padmesh Mishra as Additional Advocate General (AAG) for the state at the Supreme Court, the Jaipur bench of the Rajasthan High Court reiterated that State is free to decide and change the "eligibility criteria" while making appointment of AAG, other law officers unless it is shown as arbitrary.Notably, Mishra is the son of Justice...

Necessity Of Rented Property For Bonafide Use Is To Be Adjudged From Landlord's Perspective, Not From Perspective Of Tenant: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has held that it was not for the tenant to suggest or show that the landlord did not have any bonafide necessity of the rented premises. In doing so the court underscored that the necessity of a rented property for bonafide use has to be adjudged from the perspective of the landlord and not the tenant. The observation was made by Justice Vinit...

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...

Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal

Rajasthan High Court quashed and set aside proceedings that were initiated in 2011 under the Prevention of Food Adulteration Act, 1954 (“PF Act”) which already got repealed in 2010 and was followed by the Food Safety and Standards Act, 2006 (“FSSA”).The bench of Justice Farjand Ali highlighted that even the cognizance of the offence was taken by Judicial Magistrate under the PF Act...

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...

34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs

Rajasthan High Court directed Director General of Police, Jaipur and the Principal Secretary, Department of Home, for issuing instructions and guidelines to all the Police Investigating Officers of Rajasthan to conduct the Test identification Parade (“TIP”) of the accused with the victim in cases where the accused was not known to the victim.The bench of Justice Anoop Kumar Dhand was...

Mere "Benefit Of Doubt" Acquittal Can't Be Used As Ruse To Deprive Employee Of Legitimate Financial Entitlements: Rajasthan HC

Rajasthan High Court granted relief to the petitioner (Junior Engineer) who was under suspension between 2002 to 2009 due to a criminal case in which he eventually got acquitted, and his service were also restored but was denied the payment of arrears on the ground that his acquittal was merely based on benefit of doubt.The bench of Justice Arun Monga termed this stance taken by the State...

"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter

Expressing surprise and alarm, the Jodhpur bench of the Rajasthan High Court directed the District Collector and Sri Ganganagar's Superintendent of Police to take stern action against a loan defaulter who took unlawful forcible possession of his mortgaged property that was taken over by a bank under the SARFAESI Act.Justice Vinit Kumar Mathur highlighted that despite the petitioner– AU...

State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother

Rajasthan High Court set aside the transfer of a Nurse, 300 Kms away from her current posting, considering that she is the sole earner of her family comprising her mother who was a senior citizen widow, suffering from Alzheimer's and thus requiring medical treatment at current place.The bench of Justice Arun Monga held that the transfer would not only cause logistical difficulties to her but...

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Note: The High Court's order has been subsequently stayed by the Supreme Court.The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution...