Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor.The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil Services...

Rajasthan High Court Strikes Down Restriction Placed On Govt School Teachers’ Appointment After Declaration Of Results

Rajasthan High Court has recently struck down a clause incorporated in the appointment orders much after the declaration of results, which in turn, restricted the relieving of incumbent teachers currently working at Government English Medium Schools who had earlier duly qualified for appointment at other schools.The single-judge bench of Justice Arun Bhansali also pointed out that the issuance...

Rajasthan High Court Refuses Bail To Accused In Jail Since 9 Yrs Over Alleged Links With Indian Mujahideen, Says No Unnecessary Delay In Trial

Rejecting the bail applications filed by two accused incarcerated for over 9 years for their alleged participation in terrorist activities by being associated with Indian Mujahideen, Rajasthan High Court has observed that the evidence available with the prosecution prima facie indicates their role in the commission of alleged offences.The single-judge bench of Justice Kuldeep Mathur noted that...

Employer Cannot 'Hire And Fire' Even If Employee Is Accused Of Misconduct Sans Fair Opportunity Of Hearing: Rajasthan High Court

The Rajasthan High Court recently set aside an order issued by the State Government that dismissed a Physical Education Teacher (PET) from service allegedly for furnishing a forged sports certificate for getting appointment, on the ground that the said teacher was not given any notice of charge-sheet and there was no enquiry conducted against him.The single judge bench of Justice Anoop...

Medical Officer Recruitment| Grant Of Benefit Of Bonus Marks For Covid Related Duty Policy Decision Of The State: Rajasthan High Court

Rajasthan High Court has recently refused to issue any directions to the state government for granting bonus marks to a group of doctors who appeared in the examination for appointment to the post of medical officers on the sole ground that they have partaken in Covid-related duty.“…The matter related to grant of benefit of bonus marks is a policy decision of the concerned government...

Terror Of ICU Duties During Covid-19 Lead To Heart Attack At Young Age: Rajasthan HC Orders State To Release Compensation To Health Worker's Wife

In a significant decision, the Rajasthan High Court has held that ‘an insurance scheme meant for a health worker’ who was fighting on the front lines during the pandemic requires ‘a wider connotation on the part of the state’. Therefore, the High Court reached the conclusion that when a health worker was on active Covid-19 duty till the time of his death due to heart attack,...

Rajasthan High Court Disposes Plea For Road Safety Audits Based On Steps Taken By Jaipur Development Authority

The Jaipur Bench of Rajasthan High Court has recently disposed off a public interest litigation filed by a not-for profit trust called ‘Muskaan’ seeking directions for conducting road safety audits (pre and post) from the designing stage itself as well as the implementation the Rajasthan Road Safety Policy, 2017. The Division bench of Justice Manindra Mohan Shrivastava and Justice...

Victim Too Has Fundamental Right To Fair Investigation & Trial: Rajasthan HC Quashes DGP’s Direction To Transfer Investigation For A Fourth Time

The Rajasthan High Court recently quashed an order of the Director General of Police, Rajasthan transferring the investigation in several connected criminal cases for a fourth time. While setting aside the said order of the DGP, the single-judge bench of Justice Birendra Kumar at Jaipur underscored that the ‘right of fair trial and fair investigation’ is the ‘right of the victim...

Rajasthan High Court Imposes Cost On Litigant For Counsel's Failure To Furnish Advance Copy Of Petition To Caveator

Rajasthan High Court has recently imposed a cost of Rs 2,000/- on a petitioner for not serving a copy of the writ petition to the caveator, i.e., the respondent employee, which was well within the knowledge of the petitioner’s counsel. The single judge bench of Justice Sudesh Bansal also noted that when the counsel for the petitioner did not dispute the receipt of the caveat, the petitioner...

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons.Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally...

Indian Trade Union Act | Appeal U/S 11 Not Maintainable Unless Registration Of Trade Union Refused Or Withdrawn: Rajasthan High Court

The Rajasthan High Court at Jaipur recently set aside an order passed by the Industrial Tribunal by which it rejected an application filed by Daikin Air Conditioning Mazdoor Union under order 7 Rule 11 of CPC for rejection of an appeal filed by the M/s Daikin Air Conditioning India Pvt. Ltd. under Section 11 of the Indian Trade Union Act, 1926, on the ground that the respondent Company cannot...

2008 Jaipur Blasts | ‘Incarceration Of 14 Yrs’, Rajasthan High Court Grants Bail To Mohammed Azmi In ‘Recovery Of Live Bomb’ Case

Citing prolonged incarceration despite acquittals in similar FIRs, the Rajasthan High Court has granted conditional bail to Mohammed Azmi, one of the accused in the 2008 Jaipur serial bomb blasts.“In Rabi Prakash’s case (Supra) the accused petitioner was in custody since the last 3.5 years… the embargo contained in Section 43 D (5)( of UAPA) would lose its significance when a case...