Rajasthan High Court Weekly Round-Up: February 21 To February 27, 2022

Judgments/ Orders of the WeekCitations: 2022 LiveLaw (Raj) 71 - 2022 LiveLaw (Raj) 80 1. No Person Has A Vested Right To Be Posted At A Particular Place: Rajasthan High Court Denies Relief To Govt Teacher Case Title: Soniya Burdak v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 71 The Rajasthan High Court has ruled that no person has a vested right to be posted at a particular place. The court further observed that accepting a request for inter-district transfer of a recruit can lead to chain reaction and at times considerable administrative difficulties. Chief Justice Akil Kureshi and Justice Madan Gopal Vyas, ordered, "The question of appointment or absorption in particular district, division or zone at the time of recruitment is essentially for the convenience of the selected candidate but this always is subject to administrative exigencies. No person has a vested right to be posted at a particular place. The selections and recruitments must attain finality." The development ensued in a writ appeal filed by a PTI Grade-III recruit, seeking posting at Alwar instead of Jhunjhunu. 2. DRI Officers Not Competent Authority To Issue Show Cause Notice U/S 28, 124 Of Customs Act: Rajasthan High Court Case Title: M/S Fairdeal Shipping Agency Pvt Ltd. v.. The Joint Commissioner of Customs (Preventive) Citation: 2022 LiveLaw (Raj) 72 The Rajasthan High Court has held that officers of Directorate of Revenue Intelligence (DRI) are not a competent authority to issue show cause notice and adjudicate the same as "proper officer" under Section 28 and 124 the Customs Act, 1962. A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain, rued, "DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as "proper officer". The Act, the notification relied upon do not define and bring the DRI officers within four corners of "proper officers" having functions and powers to act under Section 28 of the Act of 1962 " The court observed that the entire proceedings in the present case, initiated by officers of DRI in as much as by issuance of show cause notice under Section 28/124 of the Customs Act lacks jurisdiction and are without any authority of law because the present show cause notice is not issued by custom officer but by DRI officer who has not been assigned specific function/power under Section 6 to issue show cause notice U/S 28 of the Act of 1962. 3. Rajasthan High Court Quashes RAS 2021 Prelims Result; Directs RPSC To Revise Results & Prepare Fresh List of Candidates Eligible For Mains Exam Case Title: Ankit Sharma & Ors. v. Rajasthan Public Service Commission Citation: 2022 LiveLaw (Raj) 73 In a significant development, the Rajasthan High Court, Jaipur has quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC). The court directed RPSC to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly. The preliminary examination was conducted on 27.10.2021 and the final answer key was issued on 22.11.2021. Justice Mahendra Kumar Goyal, observed, "The upshot of the aforesaid discussion is that the writ petitions are partly allowed in the above mentioned terms. The final answer key dated 22.11.2021 is quashed to the extent as stated hereinabove. Resultantly, the result dated 19.11.2021 stands quashed. The RPSC is directed to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly." 4. Rajasthan High Court Dismisses Appeal Against Single Judge Order Refusing To Stay Release Of 'KGF-2' Movie Case Title: Tasleem Ahmed Khan v. Union of India Citation: 2022 LiveLaw (Raj) 74 The Rajasthan High Court, Jaipur Bench, has refused to grant interim stay in a plea seeking complete ban on exhibition of KGF-2 movie and its Teaser. The movie is set to release on 14th April 2022. The development ensued in an appeal filed by one Tasleem Ahmed Khan against an order dated 31.01.2021 passed by the Single Judge, whereby while issuing notice in the writ petition against the movie, interim stay was refused. The appellant is primarily aggrieved by certain scenes showing the actors smoking cigarettes. It is contended that the same is not permissible as per the rules and regulations framed by the Government of India. 5. 'Judicial Review of Examining Body's Decision Is Limited', Rajasthan HC Dismisses Plea Challenging District Judge Recruitment Process Case Title: Rajkamal Basitha v. Rajasthan High Court, Jodhpur and connected matters Citation: 2022 LiveLaw (Raj) 75 The Rajasthan High Court, Jaipur dismissed a batch of ...

Rajasthan High Court Weekly Round-Up: February 21 To February 27, 2022

ANIRUDH VIJAY

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