Employee Must Be Reinstated After Acquittal If Termination Was Solely Based On Pending Criminal Case: Rajasthan High Court

The Rajasthan High Court held that if the very foundation of termination of an employee was pendency of a criminal case against him/her, and the criminal case resulted in acquittal of the employee by the competent criminal court, the basis of such terminated ceased to exist, and the employer shall reinstate the employee.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice...

State Can't Withhold Career Progression Benefits For Its Own Lapse In Maintaining Performance Records: Rajasthan High Court

The Rajasthan High Court has upheld the order of the Central Administrative Tribunal (“CAT”) that ruled in favour of a State employee who was denied the benefit under Modified Assured Career Progression (“MACP”) on account of non-availability of his Annual Confidential Reports (“ACRs”)/ Annual Performance Appraisal Records (APARs).The division bench of Justice Vinit Kumar Mathur...

Jail Superintendent Cannot Initiate Disciplinary Proceedings Against Medical Officer On Deputation From Health Department: Rajasthan HC

The Rajasthan High Court has held that the Superintendent, Central Jail, being a separate administrative department, had no authority or competence to initiate disciplinary proceedings against a Medical Officer deputed from the Medical and Health Department.The bench of Justice Farjand Ali made these observations while quashing the transfer orders of the petitioner that also included a...

Rajasthan High Court Raps State's Insensitive Approach In Denying Ex-Gratia To Constable's Widow, Orders Release Of ₹20 Lakh

The Rajasthan High Court quashed the State's order rejecting ex-gratia amount to an employee's illiterate widow, who was unaware of the welfare scheme and thus got delayed in applying for the same, opining that such rejection on technical grounds, despite admitted administrative delay, was a hyper-technical and insensitive approach.The bench of Justice Farjand Ali further observed that in...

Dharmshala On Private Land Doesn't Make Property Charitable: Rajasthan High Court

The Rajasthan High Court has held that mere construction of a Dharamshala on a private land could not lead to a presumption that the property was allotted for charitable purposes, or had to be perpetually used for such objectives.The bench of Justice Rekha Borana made the above observations while allowing a petition filed by the legal heirs of a Trust that challenged the order of...

Adult, Married Children Have No Right To Stay In Father's Self-Acquired Property Without His Consent: Rajasthan High Court

The Rajasthan High Court imposed exemplary cost of Rs. 1 lakh on a son, litigating against his father for legal rights of a coparcener in a property— which he very well knew was not part of the Hindu United Family or co-parcenery, but was purchased by the father in his own name.The bench of Justice Sudesh Bansal opined that a child resides on his father's property during his childhood by...

2021 Sub-Inspector Recruitment In Limbo: Rajasthan High Court Asks State To Consider Their Candidature For 2025 Vacancies, Relax Age Limit

The Rajasthan High Court has asked the State to consider granting age relaxation of 4 years, instead of 3 years, as notified in the advertisement, to candidates who appeared in the 2021 Sub-Inspector Recruitments process, and had re-applied for the 2025 process.The bench of Justice Ashok Kumar Jain opined that the matter related to legitimate expectation of the youth and such candidates shall...

SC's Jospeh Shine Judgment Which Decriminalized Adultery Not Prospective, Nullified Pending Prosecutions Also: Rajasthan High Court

The Rajasthan High Court held that the decriminalization of adultery by the Supreme Court in Joseph Shine v Union of India shall not just apply prospectively but, it will apply retrospectively to all pending and ongoing cases, which is necessary to uphold the constitutional guarantees of equality, dignity and privacy.The bench of Justice Anand Sharma held that when Section 497 IPC (Adultery)...

Accused Not Entitled To Bail Merely Because Recovered Ganja Is Below Commercial Quantity If It Is 'Highly Potent': Rajasthan High Court

Rajasthan High Court rejected bail of a 27-year old NDPS accused, who was arrested with 18.5 Kg of hydroponic weed, allegedly valued at Rs. 18 Crore, despite the recovered quantity being less than the commercial threshold, owing to the value of the drug, its high potency, and the sophisticated method of import.The bench of Justice Anil Kumar Upman observed that the peculiarities in the...

UAPA | Only Special Or Sessions Court Can Extend Accused's Custody Beyond 90-Days, Magistrate Court Can't: Rajasthan High Court

The Rajasthan High Court has set aside the order of the Chief Judicial Magistrate that extended judicial custody of a Unlawful Activities (Prevention) Act, 1967 (UAPA) accused by another 90 days, and denied his right to default bail, opining it to be without jurisdiction, illegal and perverse.The bench of Justice Sudesh Bansal stated that the offences under UAPA were scheduled offences under...

Candidate Can't Rely On Undisclosed Qualification Long Time After Recruitment Is Closed Even If Vacancies Remain: Rajasthan High Court

The Rajasthan High Court has set aside a single bench order directing the State to consider the candidature of the respondent based on his graduation mark-sheet which was never disclosed in his original application form, but only in a writ petition filed belatedly.The division bench of Justice Pushpendra Singh Bhati and Justice Bipin Gupta opined that no candidate could be allowed to...

Rajasthan High Court Raps Tenants For Frustrating Auction Of Shops, Slaps ₹50K Costs For 'Unscrupulous' Practices

The Rajasthan High Court imposed a total cost of Rs. 50,000 on the two shop tenants (petitioners), who were earlier allotted shops on rent by the State, for attempting to mislead the court by concealing the material facts and trying to abuse the judicial process.The bench of Justice Sanjeet Purohit held that the once the petitioner had voluntarily participated in an earlier round of auction...