Additional Director Under Central Govt Health Scheme Has No Authority To De-Empanel Hospital: Rajasthan High Court

Rajasthan High Court granted relief to the Medipulse Hospital (“the Hospital”) which was de-empanelled from the Central Government Health Scheme (“CGHS/Scheme”) for five years by the Government of India pursuant to a complaint against the Hospital by a retired central government employee alleging deficient services by the Hospital.The bench of Justice Dinesh Mehta observed that there...

S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court

Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim...

Future Of Students Cannot Be Impacted: Rajasthan High Court Directs RUHS To Declare Exam Results Despite Affiliation Dispute Of Pharmacy College

Rajasthan High Court has granted relief to 60 students who had taken admission in Shri Sawai College of Pharmacy (“College”) and had spent two years in learning a course, however declaration of their results was put on hold by the examining authority i.e. Rajasthan University of Health Sciences (“University”) since the approval of the College by the Pharmacy Council of...

"No Evidence Against Accused": Rajasthan High Court Sets Aside NDPS Case Against Individual Booked By Police Due To Mistaken Identity

The Rajasthan High Court granted relief to a person wrongly arrayed in an NDPS case by the police, without conducting any investigation regarding his identity, solely relying upon the statement of the co-accused.The peculiar facts of the case were that the police had arrested a person after recovering narcotics from him. The arrested person told the police that he had purchased the...

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him.The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, an...

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...