Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is or was a judge or a magistrate or a public servant,” reads the ordinance which provides 180 days immunity to the officers. The ordinance amends the Criminal Code of Procedure, 1973 and The government has also directed all officers and other employees to not make any "baseless" comments or allegations against any person, party or organisation through press or social media. Referring to the All India Services Rules 1968 and Rajasthan Civil Services Rules, a government circular said no officer or other employee shall over any media make any statement or opinion which has the effect of an adverse criticism of any policy or action of the government.

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History of this topic

Rajasthan High Court Issues Guidelines On Suspension Of Govt Employees Where Disciplinary Proceedings Are Contemplated, Pending
4 days, 15 hours ago

Rajasthan High Court Issues Guidelines On Suspension Of Govt Employees Where Disciplinary Proceedings Are Contemplated, Pending

Live Law  

" there has to be timely initiation and completion of disciplinary proceedings, with a general administrative instruction to dispose of such matters within six months. Justice Arun Monga directed the State to ensure that all the competent authorities that were vested with the power to suspend, adhere to a reasonable time limit of 30 days from the date of the …

Rajasthan High Court Appoints Panel To Probe Illegal Activities Of Khap Panchayats, Social Evils Like Honour Killing, Exorcism, Etc
4 days, 16 hours ago

Rajasthan High Court Appoints Panel To Probe Illegal Activities Of Khap Panchayats, Social Evils Like Honour Killing, Exorcism, Etc

Live Law  

Noting multiple “social evils” particularly in the western part of Rajasthan which is stated to include social boycotts, alleged illegal activities by Khap Panchayats, caste discrimination, honour killings, taboo against love marriages, exorcisms etc., the high court constituted a 5-member commission to conduct a ground study of various villages. Highlighting the historical social revolutions spearheaded by reformists like Raja Ram …

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC
1 week, 1 day ago

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC

Live Law  

Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. Regulation 10 laid down that in case of 2 or more delinquent employees, the competent authority could …

Curfew Imposed in Manipur District
1 week, 4 days ago

Curfew Imposed in Manipur District

Deccan Chronicle  

Guwahati/New Delhi: The state administration on Monday imposed prohibitory orders in Churachandpur district of Manipur following tension between communities over the assault of a Hmar leader by unknown miscreants. The prohibitory orders said: “Whereas reports have been received from the superintendent of police, Churachandpur, indicating a serious apprehension of a breach of law and order in the district, which is …

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

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

Live Law  

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 …

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court
3 weeks ago

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

Live Law  

" This Court is of the considered opinion that a man in uniform must maintain greater discipline and the act of remaining unauthorizedly absent from duty is the gravest act of misconduct. The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave …

Maha Govt Has Denied Sanction To Prosecute BJP's Ex-State VP Vikram Pawaskar For Hate Speech Against Muslims, Bombay High Court Told
3 weeks, 2 days ago

Maha Govt Has Denied Sanction To Prosecute BJP's Ex-State VP Vikram Pawaskar For Hate Speech Against Muslims, Bombay High Court Told

Live Law  

The Bombay High Court on Wednesday was informed that the Maharashtra government has refused to grant sanction to 'prosecute' Vikram Pawaskar, the former BJP State Vice President, in two cases of 'hate speech' against the Muslim community. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by State's Chief Public Prosecutor Hiten Venegavkar,. A …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
3 weeks, 3 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
1 month, 1 week ago

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside criminal proceedings against customs officers who alleged to have committed assault and grievous hurt to the complainant while interrogating him, for the absence of sanction required under Section 197, CrPC. Similarly, in another Apex Court case of State of Orissa v Ganesh Chandra Jew, it was held that, “If in doing his official …

Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court
1 month, 1 week ago

Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that a delinquent employee is the only person who can properly defend himself/herself in departmental proceedings initiated against him/her by the State, and following the death of such delinquent employee during the proceedings, the inquiry cannot continue and the proceedings are abated. The bench of Justice Anoop Kumar Dhand was hearing a petition against the …

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor
1 month, 3 weeks ago

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

Live Law  

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. The Punjab & …

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC
2 months, 1 week ago

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC

Live Law  

In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18 …

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'
2 months, 1 week ago

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'

Live Law  

The Jaipur bench of the Rajasthan High Court directed expunging of adverse remarks against an advocate, having a practice of more than 19 years, put on record by a division bench of the Court in its order in a criminal miscellaneous petition on the ground that the “petitioner misbehaved with the Court and used undisciplined language/words and failed to maintain …

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents
3 months ago

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Live Law  

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited. Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the …

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC
3 months, 1 week ago

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC

Live Law  

While terming it one of the most glaring cases of insubordination, the Rajasthan High Court rejected a petition filed against the suspension of a Government teacher for hurling slogans and using unparliamentary language against the Education Minister, burning his effigies and also raising hoarding belittling him, ruling that such unruly behaviour could not be tolerated in the name of freedom …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 months, 4 weeks ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court
4 months, 1 week ago

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

Live Law  

Rajasthan High Court set aside the punishment of removal from service against a constable who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive. The bench of Justice Vinit …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months, 1 week ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
4 months, 1 week ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Live Law  

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
4 months, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
4 months, 2 weeks ago

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

Live Law  

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. A single judge bench of Justice …

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC
4 months, 2 weeks ago

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Live Law  

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services Rules, 1951 is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. As a precaution that the employee may not influence/hamper the course of inquiry …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
6 months ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 2 weeks ago

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

Live Law  

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, …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
9 months, 1 week ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
10 months ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness
11 months ago

Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness

Live Law  

Today, the Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police, Rajasthan, in this regard. The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 2 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
11 months, 3 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Civil Services Appellate Tribunal Cannot Entertain Appeal Arising Out Of Service Matter Of Contractual Employee Of Rajasthan Financial Corp: High Court
1 year, 1 month ago

Civil Services Appellate Tribunal Cannot Entertain Appeal Arising Out Of Service Matter Of Contractual Employee Of Rajasthan Financial Corp: High Court

Live Law  

A division bench of the Rajasthan High Court at Jaipur has set aside an order passed by a single judge bench which dismissed the writ petition filed by a contractual employee of the Rajasthan Financial Corporation challenging his transfer order upon observing that he has an alternative remedy to challenge the impugned transfer order before the Rajasthan Civil Services Appellate …

Rajasthan Municipalities Act, 2009 | Elected Member Of Corporation Can Be Suspended U/s 39(6) Once Proceedings 'Commenced': Rajasthan HC
1 year, 3 months ago

Rajasthan Municipalities Act, 2009 | Elected Member Of Corporation Can Be Suspended U/s 39(6) Once Proceedings 'Commenced': Rajasthan HC

Live Law  

The Rajasthan High Court has reiterated that under Section 39 of Rajasthan Municipalities Act, 2009, an elected member of a Municipality can be suspended once proceedings have "commenced" against him. This judgment is based on the provision contained under Section 63 and 65 of the old repealed Rajasthan Municipalities Act, 1959 wherein it was mandatory to issue show cause notice …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 4 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry
1 year, 4 months ago

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

Live Law  

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 …

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
1 year, 4 months ago

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 5 months ago

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

Live Law  

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 non-speaking orders’ and the …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 6 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 8 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court
1 year, 10 months ago

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court

Live Law  

The Rajasthan High Court has dismissed an employee's petition seeking consideration for promotion to the post of Additional Office Superintendent in the Home Department. After promotion to the post of UDC, he was promoted to the post of Assistant Administrative Officer against the vacancies of the year 2020-21 vide order dated 20.07.2020. Thereafter, when the respondent-department initiated the promotion exercise …

Rajasthan: Court orders probe against Ashok Gehlot in defamation case
2 years ago

Rajasthan: Court orders probe against Ashok Gehlot in defamation case

India TV News  

A court directed the police to investigate a criminal defamation complaint against Rajasthan Chief Minister Ashok Gehlot over his remarks on the alleged Sanjivani co-operative scam by Union Minister Gajendra Singh Shekhawat. Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed the Joint Commissioner of Police concerned to "investigate the matter either himself or through an officer not below the rank …

DC Edit | Dissent, even if unseemly, should not lead to arrest
2 years, 1 month ago

DC Edit | Dissent, even if unseemly, should not lead to arrest

Deccan Chronicle  

The timely and resolute intervention of the Supreme Court to prevent the incarceration of Congress spokesperson Pawan Khera for cases registered against him over his comment that was critical of the Prime Minister has spared our blushes seeing as we call ourselves the oldest democracy in the world. It also issued notices to the Uttar Pradesh and Assam governments to …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
2 years, 2 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA
2 years, 9 months ago

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA

Live Law  

The Rajasthan High Court has said that whether or not the provisions of Prevention of Corruption Act can be invoked against a private person is a question that requires consideration.Observing thus, it granted bail to a Chartered Accountant, who it held is not a public servant, booked under the Act after recovery of Rs. The Rajasthan High Court has said …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 10 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 11 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

Rajasthan HC Issues Notice To State's Chief Secretary In Contempt Plea Over Vacant Posts In State Women Commission
3 years, 2 months ago

Rajasthan HC Issues Notice To State's Chief Secretary In Contempt Plea Over Vacant Posts In State Women Commission

Live Law  

The Rajasthan High Court on Tuesday issued a notice to Chief Secretary, State Of Rajasthan and Principal Secretary Department Of Women And the Child Development State Of Rajasthan on a contempt plea filed regarding vacant posts in Rajasthan State Commission For Women.The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani was hearing the contempt plea filed by a …

5 Rajasthan cops punished for beating and stripping colleague
3 years, 4 months ago

5 Rajasthan cops punished for beating and stripping colleague

Hindustan Times  

The Rajasthan Police department has sent five constables to the police line following a complaint that they thrashed and stripped a constable in Udaipur on Thursday. Additional superintendent of police, Gopal Swaroop ordered a probe and sent the five accused cops to the police line till further orders. Following the complaint, additional superintendent of police, Gopal Swaroop ordered a probe …

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