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 procedure envisaged in the Rajasthan Civil Services Rules, 1958 were not taken into account at the stage of enquiry. Therefore, order impugned is totally non-speaking order and the enquiry in question is also conducted without following the procedure laid down in the CCA Rules, in which, the petitioner was found to be guilty of wandering in the Police Line campus after consuming liquor…”, the court remarked. The High Court iterated that ‘one-line conclusions’ are not sufficient to comply with the requirement of the principles of natural justice as well as Rule 14 of the Rajasthan Civil Services Rules, 1958. When the Disciplinary Authority adopts a casual approach while passing a punishment order, it does not amount to sufficient compliance of this provision”, the High Court remarked in the order.

Court Disciplinary Orders Order Rules Rule Reasons Inspector General Authority Petitioner  order  petitioner  pass  high  rule  nonspeaking  reasons  disciplinary  orders  punishment  rules  quasijudicial  court  hc  authority  imposed  sets  intoxicated  rajasthan

History of this topic

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court
1 week, 6 days 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 …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 2 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 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 …

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

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC
2 months, 1 week ago

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC

Live Law  

Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow. Furthermore, …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
2 months, 2 weeks ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months ago

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 months, 2 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
3 months, 3 weeks 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 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 …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC
4 months, 1 week 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 …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
5 months, 3 weeks 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 …

'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court
6 months, 1 week ago

'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court

Live Law  

Rajasthan High Court recently allowed a petition challenging an 'Awaiting Posting Order' passed by the State Medical and Health Services Department during the ban period imposed by the Government, in the absence of any urgency or even clearance from the office of the Chief Minister. In the opinion of this Court, the State Government cannot blow hot and cold at …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
8 months, 1 week ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

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
9 months, 3 weeks 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 …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 1 week 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 …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
11 months, 2 weeks ago

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts

The Hindu  

The High Court of Karnataka has admonished the authorities of the State government for consistently passing orders of externment of persons by “blatantly and blissfully ignoring” the provisions of the Karnataka Police Act, 1963, and in deliberate violation of the directions issued in a series judgements by the High Court and the Supreme Court. Making it clear that “Any repetition …

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench
1 year ago

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

Live Law  

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not. …that investigation of a cognizable offence can be conducted by an officer below the rank of ASI and …

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 …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 5 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 …

‘Statutory Provisions Are For Some Purpose, Not For Fun’: Rajasthan High Court Quashes Phone Tapping Orders
1 year, 7 months ago

‘Statutory Provisions Are For Some Purpose, Not For Fun’: Rajasthan High Court Quashes Phone Tapping Orders

Live Law  

The Rajasthan High Court has quashed the three interception orders for phone tapping of a private individual, issued by authorities in the state in 2020-2021 on the ground of “public safety” in exercise of power under Section 5 of the Indian Telegraph Act 1885. In other words, required mandates could not have been ignored or superceded by the State or …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 7 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 …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

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 …

Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA
2 years, 4 months ago

Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA

Live Law  

The Rajasthan High Court recently directed a police constable, who slapped a defence lawyer during his cross-examination as a witness, to submit Rs. With this, the bench Justice Vijay Bishnoi and Justice Farjand Ali disposed of the criminal contempt petition registered on the basis of a complaint filed by the Additional District Judge, Gulabpura. The case in brief The Additional …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 11 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
3 years, 2 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 7 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

Rajasthan High Court Orders Suspension Of Cop Who Allegedly Separated An Inter-Caste Married Couple
3 years, 8 months ago

Rajasthan High Court Orders Suspension Of Cop Who Allegedly Separated An Inter-Caste Married Couple

Live Law  

The Rajasthan High Court earlier this week ordered disciplinary action against the Constable and called for his provisional suspension, who has been accused of separating an Intercaste couple and threatening the man who filed a habeas corpus petition seeking production of his wife.The Court also took serious exception to the conduct of the Police Constable Chandrapal Singh as though he …

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
3 years, 9 months ago

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court

Live Law  

The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives. The question that came up in the Court was whether a public …

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court
4 years, 2 months ago

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Wednesday observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, for non-compliance of a judicial order, if such an order cannot be complied with, practically. The Bench of Justice Augustine George Masih observed, " there is an automatic provision of the erasing of the …

Rajasthan High Court Calls For Action Against Magistrate Who Issued Arrest Warrants While HC's Anticipatory Bail Order Was In Existence
4 years, 4 months ago

Rajasthan High Court Calls For Action Against Magistrate Who Issued Arrest Warrants While HC's Anticipatory Bail Order Was In Existence

Live Law  

The Bench of Justice Sanjeev Prakash Sharma also observed, "The action of the learned Magistrate is clearly wanting and shows scant respect to the High Court's order as well as having little knowledge relating to criminal law." The Counsel for the petitioners submitted that on coming to know about the arrest warrants, the petitioners moved an application before the Court …

Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?
4 years, 7 months ago

Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?

Live Law  

When I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon'ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The petitioners' arguments were on two planes – first, they attacked the constitutional validity of paragraph 2 of the Tenth Schedule of …

Despite High Court Direction, Trial Courts in Rajasthan Continue to Mention Caste In Orders
4 years, 10 months ago

Despite High Court Direction, Trial Courts in Rajasthan Continue to Mention Caste In Orders

Live Law  

An order passed by the Rajasthan High Court on April 24 adjourning the hearing on a bail application had attracted public attention as the counsel in that case had appeared before the bench in "inappropriate" attire, via video conferencing.This news also brought to highlight a practice followed by the Court to mention the caste of the party in the cause …

Karnataka HC To Examine On February 12, The Validity Of Section 144 Order Passed By CP On December 18, 2019
5 years, 2 months ago

Karnataka HC To Examine On February 12, The Validity Of Section 144 Order Passed By CP On December 18, 2019

Live Law  

The Karnataka High Court on Tuesday posted to February 12, hearing on bunch of petitions challenging the Section 144 issued by the Commissioner of police, Bengaluru on December 18, 2019, a day ahead of the rallies to be held against Citizenship Act. Issue whether permission granted can be revoked by passing order under section 144 and that also without giving …

Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]
6 years, 2 months ago

Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]

Live Law  

The Rajasthan High Court recently re-ignited the hopes of a police aspirant, who was denied the job as a Constable because of the pendency of criminal proceedings against him. The order was issued by Justice Alok Sharma, who pointed out that the criminal proceedings pending against the petitioner pertained to a family dispute, devoid of any moral turpitude, and hence, …

Protests against Rajasthan's 'draconian' ordinance forces Vasundhara Raje to rethink 'gag order': A roundup
7 years, 4 months ago

Protests against Rajasthan's 'draconian' ordinance forces Vasundhara Raje to rethink 'gag order': A roundup

Firstpost  

Rajasthan government tabled a bill that seeks to protect public servants and judges from prosecution and bars the media from reporting on allegations against them without prior sanction. On Monday, the Rajasthan government tabled a controversial bill that seeks to protect public servants and judges from prosecution and bar the media from reporting on allegations against them without its prior …

Rajasthan’s controversial Ordinance shielding lawmakers challenged in High Court
7 years, 4 months ago

Rajasthan’s controversial Ordinance shielding lawmakers challenged in High Court

India TV News  

Rajasthan’s controversial Ordinance shielding lawmakers challenged in High Court The move has met with large-scale criticism, with politicians and rights bodies terming it as unconstitutional and a move to shield the corrupt. Rajasthan’s government contentious order shielding lawmakers and government officials from investigations into complaints against them without any prosecution sanction was challenged in the High Court on Monday. Last …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 4 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 …

New Rajasthan Ordinance Makes Govt. Sanction Mandatory To Probe Judges & Public Servants; Curbs Media Reporting [Read Ordinance]
7 years, 4 months ago

New Rajasthan Ordinance Makes Govt. Sanction Mandatory To Probe Judges & Public Servants; Curbs Media Reporting [Read Ordinance]

Live Law  

The State of Rajasthan has passed an ordinance which makes it mandatory to obtain a Government sanction before investigating both serving and former Judges, Magistrates, and public servants for on-duty actions.Promulgated on 7 September, The Criminal Laws Ordinance, 2017 amended Section 156 and 190 of Code of Criminal Procedure Code.As per the newly added proviso to. The State of Rajasthan …

New Rajasthan Ordinance Makes Govt. Sanction Mandatory To Probe Judges & Public Servants; Curbs Media Reporting [Read Ordinance]
7 years, 4 months ago

New Rajasthan Ordinance Makes Govt. Sanction Mandatory To Probe Judges & Public Servants; Curbs Media Reporting [Read Ordinance]

Live Law  

The State of Rajasthan has passed an ordinance which makes it mandatory to obtain a Government sanction before investigating both serving and former Judges, Magistrates, and public servants for on-duty actions.Promulgated on 7 September, The Criminal Laws Ordinance, 2017 amended Section 156 and 190 of Code of Criminal Procedure Code.As per the newly added proviso to. The State of Rajasthan …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]
8 years, 1 month ago

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]

Live Law  

Wrong interpretation or distinction of its judgment and that of Supreme court by subordinate court amounts to disobedience of their orders, therefore, contemptuous, the High Court had observed.The Supreme Court has refused to expunge some remarks against a judicial officer made in a Rajasthan High Court order and upheld a disciplinary enquiry against the judge based on the said order,. …

Discover Related