Rajasthan High Court
Right To Be Forgotten By Destroying Records Of Juvenile Delinquency Is Absolute, Has To Be Given Full Meaning By The State: Rajasthan HC
“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma…shadows of past transgressions should be expunged...” said the Jaipur bench of the Rajasthan High Court while directing the State to reinstate a man to the post of constable whose services were terminated for not disclosing his conviction as...
Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
“While it is clear that the petitioners may have exceeded their powers by beating and torturing the complainant to extract the truth, this cannot be construed as an act entirely disconnected from their official duty," the court said.
'Inordinate Delay Made Trial Nugatory, Violates Article 21 Of Accused': Rajasthan HC Quashes 23-Yr-Old Tree Felling Criminal Case 'In Rem'
The Jodhpur bench of the Rajasthan High Court quashed 23-year-old criminal proceedings for offences alleged under Forest Conservation Act and the Rajasthan Forest Act, in rem against all accused persons including those who didn't approach the court, noting the irretrievable delay in the case which had rendered the trial nugatory.In doing so the court observed that the long pendency of...
Child Care Leave Akin To 'Privilege Leave', Not Unfettered Right: Rajasthan HC Says State Not Mandated To Grant Leave For Maximum Period Of 120 Days
The Rajasthan High Court has ruled that child care leave is akin to a privileged leave, and hence just like the latter, it could not be claimed as a matter of unfettered right. It could be sanctioned for upto 120 days if the administrative discretion warranted, but there was no mandate to grant it for such a period of time. The bench of Justice Arun Monga was hearing a petition filed by...
No Vicarious Liability: Rajasthan HC Quashes FIR Against Daughter Registered After Father In Criminal Case Transferred Her Some Money
Rajasthan High Court quashed an FIR against a daughter (“Petitioner”) who was charged in a case of cheating, on account of the fact that she received some money from her father that was alleged to be received by him under dishonest inducement from the complainant with whom he had entered into an agreement to sale. The bench of JusticeFarjand Ali held that the rule of...
Uncorroborated Expert Evidence Not Enough To Convict When Key Witnesses Turn Hostile: Rajasthan High Court Upholds Acquittal In POCSO Case
While upholding a man's acquittal by the trial court in a POCSO case, the Jodhpur bench of the Rajasthan High Court held that in cases where the victim, complainant, or the key witnesses turned hostile or failed to support the prosecution's story, then conviction can't be solely based on expert/scientific evidence without supporting testimonies. Justice Arun Monga noted that the...
Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court
Rajasthan High Court has ruled that a delinquent employee is the only person who can properly defend himself/herself in departmental proceedings initiated against him/her by the State, and following the death of such delinquent employee during the proceedings, the inquiry cannot continue and the proceedings are abated. The bench of Justice Anoop Kumar Dhand was hearing a petition...
Availing Employee's Services Without Pay Violates Fundamental Right Against 'Begar': Rajasthan HC Slams State Over Unpaid Dues Since 2016
Rajasthan High Court has ruled that depriving any employee of their salary without any justification amounted to violation under Articles 21, 23 and 300-A of the Constitution of India. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a public employee who was not paid his salary since 2016, for almost 97 months now without any justification, despite providing...
NEET-PG: Rajasthan High Court Issues Notice To Admission Board Chairman On Plea Over Round-3 Counselling
While hearing a writ petition challenging the Round 3 of Counselling of NEET PG- 2024, the bench of Justice Sameer Jain at the Rajasthan High Court issued notices to the Director, (Public Health), Medical and Health Service, Rajasthan and the Chairman, NEET PG Admission/Counselling Board. The petition has been filed by the candidates of the NEET PG 2024 who had participated in...
No Bonus Marks For Work Experience In Absence Of Actual Physical Work: Rajasthan HC Rejects Claim Of Nurses Appointed After Revised Result
The Jodhpur bench of the Rajasthan High Court rejected a plea by nursing staff who sought bonus marks based on past experience–as given to their colleagues who were appointed in 2008–after noting that the former were appointed only in 2016 based on a revised recruitment result. In doing so the court said that allowing the petitioners claim, when they did not actually do any physical...
Centre Notifies Appointment Of Advocate Maneesh Sharma As Rajasthan High Court Judge Over 3 Yrs After SC Collegium Recommendation
The Centre has cleared the appointment of Advocate Maneesh Sharma as a Judge of the Rajasthan High Court.The Supreme Court collegium had recommended the name of Mr. Sharma for appointment to the High Court in 2021. The Union Law Minister shared the news of the appointment on X handle. It reads "In exercise of the power conferred by the Constitution of India, the President is pleased to...
Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal
The Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal.After the woman alleged that the 800 km far transfer was a consequence of her complaint, Justice Arun Monga issued notice on her plea and directed:"Meanwhile, the petitioner shall be allowed to discharge her duties at her...