Rajasthan High Court
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...
'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'
The Jaipur bench of the Rajasthan High Court directed expunging of adverse remarks against an advocate, having a practice of more than 19 years, put on record by a division bench of the Court in its order in a criminal miscellaneous petition on the ground that the “petitioner misbehaved with the Court and used undisciplined language/words and failed to maintain the discipline of the Court...
Rajasthan High Court Slams State's 'Callous Attitude' Towards Employee Who Wasn't Paid For 1.5 Yrs Despite Continuous Service
The Jodhpur bench of Rajasthan High Court directed the State not to pay salary of Principal Secretary–health department, Principal Secretary–Medical Education Department and Principal & Controller of Rajmata Vijaya Raje Scindia Medical College in case the dues of college's employee pending since April 2023, are not cleared by next month. The court said this after taking note of...
Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The bench of Justice Arun Monga opined that since there was...
2013 Rape Case | Rajasthan High Court Grants Interim Bail To Asaram Till March 31 For Medical Treatment
The Rajasthan High Court (Jodhpur bench) today granted interim bail till March 31 to self-styled godman Asaram, who is serving a life sentence in connection with a 2013 rape case. This order enables Asaram to walk out of jail for the first time since his arrest in 2013.The order was passed by a bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur a week after the Supreme Court...
S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was...