Govt Employees On Probation Not 'Temporary Employees', Cannot Be Terminated Without Departmental Action: Rajasthan High Court

Rajasthan High Court has affirmed that a government employee who has been appointed by a regular mode of selection, and is on probation, cannot be treated as a temporary government employee whose services can be terminated by giving one month notice under Rule 23-A of the Rajasthan Service Rules 1951 (“the Rules”) which is meant for temporary employees.The bench of Justice Mahendra...

[POCSO] Victim's Emotional Well-Being Must Be Balanced With Rights Of Accused: Rajasthan HC Grants Parole To Father Convicted Of Raping Daughter

The Rajasthan High Court has allowed a petition for 15 days of parole filed by a father convicted of raping his daughter. The convict had absconded during his first parole which was granted in 2018 and his father had denied giving any undertaking for his conduct during his application for second parole in 2022.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman...

Personal Liberty: Rajasthan HC Converts NBW Into Bailable, Says Arrest Order Can't Be Passed Mechanically For Mere Production In Court

Rajasthan High Court recently modified a trial court order issuing non-bailable warrants against an individual accused in a dowry complaint on their failure to appear before the court, irrespective of the fact that a negative final report was filed by the investigation officer in the case.The bench of Justice Arun Monga observed that personal liberty of a citizen could not be taken so lightly...

Drug Smuggling | 'NCB & State Police Embroiled In Conflict To Attribute Criminal Liability To Each Other': Rajasthan HC Transfers Case To CBI

The Rajasthan High Court took up a peculiar case concerning drug smuggling wherein the Narcotics Control Bureau (“NCB”) and the Rajasthan State Police were accusing each other's officials of being involved with an accused in the case and had filed counter cases against one another. Due to the complexity of the matter, Justice Arun Monga directed the investigation to be transferred to...

Rajasthan High Court Appreciates Child's Gesture Towards Bench Mediating His Custody Conflict, Calls It 'Symbol Of Strength Of Mediation Law'

The Rajasthan High Court while hearing the custody case of a 6-year-old was gifted flowers and a hand-crafted pen stand by the child as a symbol of appreciation for the mediation sessions held with him. While acknowledging the gesture of the boy, a division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman said:“This Court acknowledges and appreciates the creativity...

Non-Compliance With CrPC, NDPS Act Cannot Be Argued At Stage Of Bail In International Drug Smuggling Cases: Rajasthan High Court

The Rajasthan High Court has denied bail to an individual booked under the Narcotic Drugs & Psychotropic Substances Act (NDPS) for allegedly being involved in an attempt to smuggle drugs from Pakistan. The Court held that non-compliance with provisions under the NDPS Act or CrPC cannot be argued at the stage of bail in a case of international smuggling of contraband."On perusal of record,...

Mines & Minerals Act | Vehicle Can Be Released On Furnishing Bond Of Amount Equal To Present Value If Confiscation Proceedings Aren't Initiated: Rajasthan HC

The Rajasthan High Court laid down rules for the release of vehicles that have been seized under the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”). The Court held that if confiscation proceedings get initiated under the Act, then the vehicle(s) in question can be released only on payment of the penalty amount and the compounding fees. However, if no such...

Affiliation Cancelled After Completion Of Course: Rajasthan HC Directs Nursing Council To Register Students Whose College's Affiliation Was Rejected

Rajasthan High Court has granted relief to the graduates of Tirupati College of Nursing (“College”) who were denied registration by the Rajasthan Nursing Council (“RNC”) on account of the affiliation of their college, the Tirupati College of Nursing being canceled by the RNC for want of requisite NOC from the State Government.The Court directed that the students had taken admission in...

Arbitral Tribunal First To Adjudge Non-Arbitrability Of Dispute And Ground Of Res-Judicata, Courts Can Have Second Look After Award: Rajasthan HC

The bench of Justice Nupur Bhati at the Rajasthan High Court accepted an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator and observed that the issue of non-arbitrability of a dispute under an arbitration agreement falls under the domain of the arbitral tribunal in the first instance and the courts have the power to...

Granting Bonus Marks In Recruitment Of Certain Govt Posts Pure Policy Decision, Not Discriminatory If Not Granted For All Posts: Rajasthan HC

Rajasthan High Court has dismissed a petition filed with the prayer to direct the Government to grant 30% bonus marks for appointment on the post of Medical Officer (Dental), since such bonus marking was done by the Government for various other posts.The Court held that prescribing eligibility conditions including bonus marking was purely a policy decision falling within the domain of the...

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance

Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the findings of the learned Trial Court, it is clear...

Person Aggrieved By Unfair Investigation Of FIR May Approach Superior Police Officer U/S 36 CrPC: Rajasthan High Court Refuses Interference

The Rajasthan High Court has held that in case unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 CrPC. Single bench of Justice Arun Monga rejected a petition filed directly before it, alleging slow and unfair probe. It held,"The investigation is still at a very nascent stage, and the petition appears...