Suspension Order & Charge Sheet Issued On Holiday Not Invalid, Govt Functions 24 Hrs A Day, 7 Days A Week: Rajasthan HC

While rejecting a petition challenging a suspension order and charge sheet issued to the Pradhan of a Panchayati Samiti, Rajasthan High Court held that charge-sheet and the suspension order could not be considered as void or invalid on the mere ground that the two were issued on a holiday.Justice Anoop Kumar Dhand in his order said that government servants were not barred from working on...

26 Yrs On, Rajasthan HC Laments Plight Of Meritorious Visually Impaired Man Denied State Service Cadre For Not Fitting State's Check-Boxes

After over 2 decades, Rajasthan High Court granted relief to a visually impaired candidate who, despite being meritorious in the Examination, was not appointed under Rajasthan Administrative Service (RAS) but under State Accounts Service. This was because the State had not considered him disabled enough for reservation under disabled category and he was also not considered medically fit under...

Municipal Bodies Not Complying With Statutory Laws, State Must Evolve Mechanism To Monitor Their Functioning: Rajasthan High Court

Rajasthan High Court expressed astonishment over the fact that out of 282 Municipal Councils/Boards, several were not following the mandatory requirement of conducting 6 meetings per year as required under Section 51 of the Rajasthan Municipalities Act, 2009 (“the Act”), without any action being taken against the defaulters by the State.The bench of Justice Anoop Kumar Dhand issued...

Marriage More Than A Ritual, Holds Unique Cultural Significance: Rajasthan HC While Quashing Rape FIR After Accused And Victim Marry

While quashing a rape case based on marriage between the complainant and the accused, Rajasthan High Court remarked that marriage is a sacred and divine institution, transcending earthly matters and holding unique significance in culture.“Marriage is considered as sacred union between two individuals – transcending beyond physical, emotional and spiritual bonds. According to the ancient...

Rajasthan HC Sets Aside Abetment To Suicide Charge, Says No "Direct, Demonstrable Link" Between Actions Of Accused And Victim's Decision

The Rajasthan High Court overturned a trial court order which had charged the accused–a private cricket coach for abetment to suicide of fellow coach along with criminal defamation, wherein the deceased was allegedly harassed by the accused within a Whatsapp group. The court observed that notably there was no suicide note discovered near the deceased and the allegation of harassment and...

Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines

The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to...

Rajasthan HC Imposes ₹1.5 Lakh Cost On 'Motivated' PIL Against State Electricity Distributor's Joint Venture With NTPC

Rajasthan High Court imposed a cost of Rs. 1,50,000/- on a retired Chief Engineer of the Electricity Department while dismissing his PIL seeking quashing of joint venture between Rajasthan Rajya Vidyut Utpadan Nigam Ltd. and National Thermal Power Corporation Ltd. (“the JV”), opining it to be motivated by oblique motives, and a sheer abuse of process of law.It was the case of the...

Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly

The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...

Transfer From CMO To Hospital's Deputy Controller A Reduction In Rank, Amounts To Deputation For Which Consent Is Needed: Rajasthan HC

The Rajasthan High Court quashed an order where a government employee serving as Chief Medical and Health Officer (CM&HO) Udaipur was transferred as Deputy Controller of District Hospital, Pratapgarh observing that it amounted to deputation for which the employee's consent is mandatory which was missing herein. In doing so the court set aside the single judge's order which had upheld...

Accounts Dept Has No Expertise To Sit Over Medical Board's View: Rajasthan HC Upholds Order Granting Disability Pension To Ex-Army Personnel

The Rajasthan High Court upheld Armed Forces Tribunal's order which granted benefit of 'disability element of disability pension' to a defence personnel, holding that Chief Controller of Defence Accounts (Pension) didn't have expertise to question correctness of personnel's assessment conducted by Re-survey Medical Board (RSMB).The division bench of Chief Justice Manindra Mohan Shrivastava...

Non-Appointment Of AAG After Consultation With High Court Not Contempt: Rajasthan HC Closes Suo Motu Criminal Proceedings Against State

Closing a suo motu criminal plea registered by a single judge on the non-issuance of order by State appointing Branmanand Sandu Advocate Cum Additional Advocate General despite the high court's consent, the Rajasthan High Court observed that it did not amount to contempt nor could it be considered a criminal matter.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice...

Delay Not Explained: Rajasthan HC Upholds Order Rejecting Plea To Produce Sale Deed's Certified Copy Moved 13 Yrs After Suit Was Filed

The Rajasthan High Court upheld a trial court order rejecting the plaintiffs' plea to bring on record a sale deed 13 years after plaint was filed, stating that merely because the suit was at the stage of plaintiff's evidence, it gave the plaintiff no inherent right to produce a document which was in their knowledge from the time of filing the suit.In doing so the high court further observed...