Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings.The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in a light or...

Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date

Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology (“MNIT”) after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission.The bench of Justice Anoop Kumar Dhand also opined that there could...

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established

While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide.The bench of Justice Kuldeep Mathur observed that it was a settled law that abetment to suicide...

Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008

While reiterating that discriminating between regular females employees and those on contractual basis, by denying complete 180 days of maternity leaves to the latter was violative of Article 14 and 21, Rajasthan High Court directed the State to pay additional salary (with interest @ 9% p.a.) of remaining period to the petitioner who was granted only 2 months' maternity leave when applied for...

Rajasthan HC Admits Plea Challenging Installation Of Petrol Pump Near Crematorium & 11,000 KV High-Tension Line, Confirms Stay Order

The Rajasthan High Court has admitted a petition challenging installation of a Hindustan Petroleum Corporation Limited (“HPCL”) petrol pump 25 meters near a shamshan and 18 meters near a high-tension line of 11,000 KV, while confirming the order that stayed such installation, permitting HPCL to take out the motor spirit if already stored in the underground tanks.The bench of Justice...

Party Can Inquire Case Status From His Counsel, Mere Lack Of Communication With Lawyer Not Ground To Condone Delay In Filing Appeal: Rajasthan HC

While dismissing a challenge to trial court's dismissal of an appeal barred by two and half years, Rajasthan High Court observed that it could not excuse the delay only on the grounds that the petitioner was not informed by his counsel about the order passed by the lower court, when no justification was provided on his failure to ask about the status of his case from his counsel.The bench...

Can't Allow Candidates Who Contest For Diploma Post Despite Holding Degree To Be Transferred To Cadre Of Degree Holders: Rajasthan HC

Rajasthan High Court rejected petitions filed by employees of Department of Agriculture, Rajasthan (“State”) whose transfer from the cadre of Civil Engineers (Diploma Holders) to Civil Engineers (Degree Holders) was revoked, on the ground that such benefit under Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (“the Rules”) was not for a candidate who...

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said that the statement of the witnesses recorded during investigation under Section 161, CrPC cannot be a basis to convict an accused especially for a serious offence like murder. In doing so the court observed that witness statements under Section 161 are used to merely contradict a witness with their...

State Ignored Its Own Obligations, Unilaterally Penalised Contractor Overlooking Difficulties Faced In Completing Canal Construction: Rajasthan HC

The Rajasthan High Court set aside a commercial court's order passed against a company whose contract for constructing a canal was terminated by the State for allegedly not completing the work. In doing so the high court noted that the commercial court's order was erroneous and based on assumptions as it did not consider the non-performance of the Employer's obligation which went to the "root...

Remained Silent Till 2016: Rajasthan HC Modifies Order On Payment Of Benefits To Lecturer From 1998 When She Got PhD, Says She Caused Delay

The Rajasthan High Court modified an order passed by the State Non-Government Educational Institutions Tribunal which directed a college to grant two annual increments to an Economic lecturer from the date when she completed her Ph.D in 1998, after noting that the latter had raised demand for benefits only in 2016. In doing so the court observed when the lecturer did not make any...

Rajasthan High Court Quashes Medical Board's Report Declaring Woman Unfit To Be Constable Due To 'Unfounded Assumption' About Birthmark

The Rajasthan High Court set aside a report of the Medical Board and a review report declaring a woman candidate "unfit" for the post of constable in Central Armed Police Forces due to a congenital melanocytic nevus mark (birthmark) on her back which was declared as non-contagious and medically insignificant by an independent expert. In doing so the court observed that the presumptions made...

Lack Of Aviation Infrastructure Has Led To Difficulties For Various National Institutions Located In Jodhpur: Rajasthan HC Calls For Affidavits

In a PIL pending for almost 9 years in relation to the addition of another terminal at the Jodhpur airport, the Rajasthan High Court highlighted the fact that despite repeated assurances from the State, no desirous results were achieved at the ground level. It thus directed the filing of affidavits on various aspects from different stakeholders in the matter.The division bench of Dr....