Rajasthan High Court
Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability
The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals (“AAGs”) and Law Officers (“LOs”) by the State Government, for lacking any merits and being filed solely on the basis of vague allegations.“The suitability of a lawyer who is engaged by the Government is a matter...
Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court
The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. 50,000 on Oil and Natural Gas Corporation Limited (ONGC) for rejecting the candidature of a person with disability, who was otherwise declared meritorious in the selection process, certifying him as medically unfit for suffering 30% visual impairment.In doing so the court observed that candidate's rejection merely because...
Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
Rajasthan High Court has set aside the conviction of a man (appellant) convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence.The division bench of Justice Pankaj Bhandari and Justice Shubha Mehta observed that if a counsel refused to appear for...
Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied.The bench of Justice Dinesh Mehta opined that it was held in multiples cases by the Supreme...
Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack...
Inquiry Proves Genuineness Of Certificates, Rajasthan High Court Cancels Termination Of Services Of Safai Karamcharis
A Single Judge Bench of Justice Sudesh Bansal while allowing a batch of Petitions observed that the Safaikaramcharis whose appointment was cancelled due to the allegations of having produced false certificates before the authorities should be allowed to continue in service, counting their service from the date of appointment with all consequential benefits. The Bench held that since the...
Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate
A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. The Court held that the inability of a candidate to furnish documents due to reasons beyond the control of the candidate must be looked into by the authorities and the factors and circumstances leading to...
Reservation Demand For Wards Of Gallantry Awardee Military Personnel, Rajasthan High Court Rejects Claim
A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court dismissed a petition challenging the policy by under which the wards of Gallantry Award recipients were not included in the categories of reservation contrary to the policy in place in the year 2021. The Court held that it could not extend its powers of judicial review as the policy makers had applied their mind...
S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts.The bench of Justice Arun Monga added...
Adverse Police Verification Report Doesn't Per Se Disentitle Citizen From Legal Right To Have A Passport: Rajasthan High Court
Rajasthan High Court has held that adverse police verification report per se could not dis-entitle a citizen from his legal right to have a passport. The bench of Justice Anoop Kumar Dhand held that the decision of issuing a passport or travel documents has to be taken by the Passport Authority alone and they cannot refuse such issuance without application of mind, solely because of an...
LOC's Initial Validity Can't Exceed 4 Weeks, Originating Agency Must Give Reasons For Seeking Extension: Rajasthan HC Issues Guidelines
While laying down guidelines which are to be followed by concerned authorities/agencies for causing the issuance/continuance of a Look Out Circular (LOC), the Rajasthan High Court said that an order passed by the originating agency issuing an LOC must "specifically state" that it is valid only for four weeks. Extension of the LOC is permitted only if the originating agency...
Provisional Attachment Ceases After One Year: Rajasthan High Court Allows Assessee To Operate Bank Account
The Rajasthan High Court stated that the provisional attachment under Section 83 of the CGST Act ceases after one year and cannot be attached again without giving fresh reasons. The Division Bench, consisting of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar, was dealing with a case in which the assessee challenged the department's attachment of their bank account...