'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...

Rajasthan High Court Annual Digest 2024 [PART I]

Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 232Orders/JudgmentsJanuary 2024Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCTitle: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ...

Rajasthan Public Trust Act | If Registration Of Public Trust Is Challenged In Appeal, It Becomes Necessary And Proper Party To Proceedings: HC

Rajasthan High Court has set aside the order of the Commissioner, Devasthan Department, Udaipur (“Commissioner”) that rejected the application for impleadment of a public trust in an appeal filed for quashing the order vide which the registration of the trust was allowed, ruling that the trust was a necessary and property party for adjudication of the appeal.“…when the respondents no....

Supreme Court Collegium Recommends Appointment Of 3 Judicial Officers As Rajasthan HC Judges

The Supreme Court Collegium, in its meeting held on 22nd December 2024 approved the proposal for the appointment of the following Judicial Officers, as Judges of the Rajasthan High Court: Chandra Shekhar Sharma, Pramil Kumar Mathur, and Chandra Prakash Shrimali Click Here to Read/Download the Collegium's...

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...

[SARFAESI Act] Courts Must Not Interfere Under Writ Jurisdiction When Alternative Statutory Remedies Are Available: Rajasthan HC

The Jaipur bench of the Rajasthan High Court dismissed a plea by the purchaser of a property–in relation to which proceedings were initiated under the SARFAESI Act, on the ground that the purchaser had already availed the statutory remedy before the Debt Recovery Tribunal. Justice Avneesh Jhingan, while referring to a Supreme Court decision on this issue, observed that the...

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court

The Rajasthan High Court Bench of Justice Shree Chandrashekhar and Dr. Justice Nupur Bhati held that it is a well settled law that the interpretation of the clause of Agreement by the Arbitrator shall not be open to judicial interference unless it is demonstrated before the Court that the interpretation put by the Arbitral Tribunal was perverse. Additionally, the court held that...

Rajasthan HC Directs Re-Examination Of Candidate Declared Unfit For Post Of Constable Without Prescribed Medical Test, Orders Post To Be Kept Vacant

The bench of Justice Arun Monga at the Rajasthan High Court allowed petition by a candidate for the post of constable who was declared medically unfit on account of hypertension without conducting a 24-hours Ambulatory Blood Pressure Monitoring (ABPM) Test and directed the State to re-examine the candidate and till then keeping a post vacant for him.The petitioner had applied for the post...

Jaipur Tanker Blast | 'Govt Steps Not Sufficient, Serious Probe Needed': Rajasthan HC Takes Suo Moto Cognizance

The Rajasthan High Court has taken suo motu cognizance of the December 20th massive fire incident caused by a collision between a gas tanker and multiple vehicles on the Jaipur-Ajmer National Highway, which claimed the lives of at least 14 people. The Court has also raised serious concerns about road safety and the effectiveness of existing preventive measures.The Court observed that over...

[S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent: Rajasthan High Court

Rajasthan High Court has ruled that Section 152, BNS had its roots in Section 124A of the IPC and was similarly worded to the offence of sedition. The Court ruled that the provision should not be used to cripple legitimate dissent and that only deliberate actions with malicious intent fell under its ambit.Section 152, BNSS, criminalises any acts that endangered sovereignty, unity and integrity...

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases

The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him.Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his order said, “Court is of...

Bank Has Right Of General Lien Over All Securities Of Customer In Ordinary Course, Unless Agreement Says Otherwise: Rajasthan HC Reiterates

The Jodhpur bench of the Rajasthan High Court has reiterated that a bank has the valuable right of general lien over all securities deposited by or on behalf of the customer in the ordinary course of banking business, unless the agreement is contrary to such right. In doing so the court set aside an order of the single judge directing Canara Bank to return the balance amount to a guarantor...