Rajasthan High Court Directs DM To Decide Within 4 Days Prisoner's Application For Parole To Support Wife During Child Birth

Rajasthan High Court has directed the District Magistrate, Dausa to decide a prisoner's application for grant of parole, for the purpose of his wife's delivery, within 4 days.The bench of Justice Anoop Kumar Dhand opined that as per Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021 the application should have been decided within a period of 4 days from the date of...

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner.Justice Anoop Kumar Dhand relied upon the...

Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date

Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout...

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary

The Jodhpur bench of the Rajasthan High Court recently granted interim relief to a government Medical Officer who had been suspended by the State, after he was arrested in a case for allegedly helping the principal accused in preparing a fabricated mark-sheet.Justice Arun Monga said, "Given the sheer time lapse between the time when the petitioner was arrested and the time of passing the...

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC

In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18...

Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee

The Jodhpur bench of the Rajasthan High Court came down heavily upon the Jodhpur Institute of engineering and Technology for indulging in “frivolous and obstructive litigation” against its deceased employee and his wife in the matter of payment of gratuity ruling that it was not a bounty but a statutory right.Justice Arun Monga also imposed a cost of Rs. 25,000 on the institute and held...

Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

The Jodhpur bench of the Rajasthan High Court recently granted relief to retired government lecturer who was denied medical reimbursement by the State in 2008, for his heart surgery pursuant to suffering a heart attack, on the ground that he had received treatment from a non-recognized private hospital.Justice Arun Monga referred to a decision of a coordinate bench in Kanhaiya Lal Dave...

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process

The Jodhpur bench of the Rajasthan High Court granted relief to certain candidates who had applied for the post of Assistant Prosecution Officer, directing the State to allow these candidates to appear for the examination to the Post even though at the time of filling the application form they had not passed their law degree.The Court was hearing a petition filed by the candidates....

Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC

In case concerning trap proceedings, the Jaipur bench of the Rajasthan High Court has reiterated that the right of an accused to a free and fair probe/trial under Article 21 in seeking call/tower location details under Section 91 CrPC would prevail over the right to privacy of the police officials. The court added that this right of privacy can be breached to some extent for production of...

Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC

The Jodhpur bench of Rajasthan High Court quashed the State government's order, which did not regularize a man on the ground that his initial work on daily wages was different from his counterparts, terming the consideration as “irrelevant” and the actions of the State as discriminatory and violative of Articles 14 and 16.Justice Arun Monga said, “The principle of equity warrants...

LIC Suffered No Loss, Gained More Business: Rajasthan HC Quashes Recovery Order Against Officer For Not Reporting Agent In Govt Service

The Jodhpur bench of Rajasthan High Court quashed Life insurance Corporation of India's order (LIC) initiating recovery proceedings against its Development Officers in connection with the money generated by the business conducted by an agent who was not authorized to work for LIC as he was in government service.Justice Arun Monga said, "Be that as it may, neither LIC has suffered any loss...

Rajasthan High Court Declines To Interfere With Mother's Custody Of Children, Notes Their Wish To Not Stay With Their Father

While disposing of a habeas corpus petition filed by a father, the Jaipur bench of the Rajasthan High Court refused to interfere with the mother's custody over the two minor children, in view of the court's interaction with the children and their wish to not stay with their father. A division bench of Justice Pankaj Bhandari and Justice Shubha Mehta in its order observed,"Coming to the wish...