Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week 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, an accused was considered innocent until proven guilty. Mere involvement in a criminal case when the trial is still underway is not a mirror to reflect the criminal or unsound character of a person.” The Court further referred to a Supreme Court case of Pawan Kumar v State of Haryana in which the Apex Court had laid down the following principles to be considered to decide whether an offence involved moral turpitude or not: Whether the act could shock the moral conscience of the society. The Court further highlighted how difficult it was to secure a government job, especially in a populated nation like India and if the petitioner would be denied this hard-earned opportunity due to a pending criminal case against him, that too of a trivial nature, even after acquittal, there was very little chance for him to get government employment. If a deserving person is denied appointment, then even if later on he is acquitted by the trial court, there is very little scope for him to get the Government employment.” Accordingly, the Court held that the pendency of a criminal case that did not involve moral turpitude could not be an impediment in the appointment and performance of government duties by a person.

Trial Court Criminal Case Person Criminal Case Moral Petitioner Pending Moral Turpitude Denying Govt Turpitude Government Employment  person  denying  govt  court  rajasthan  pending  involving  hc  case  petitioner  criminal  unjust  turpitude  trial  observed  held  moral  solely

History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week, 1 day 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 …

Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date
1 week, 2 days ago

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

Live Law  

Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology 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 …

Highly Improper To Direct Chief Justice To Relax Procedure: Rajasthan HC In Court Staff's Plea For Promotion Without Holding Efficiency Test
1 week, 5 days ago

Highly Improper To Direct Chief Justice To Relax Procedure: Rajasthan HC In Court Staff's Plea For Promotion Without Holding Efficiency Test

Live Law  

" This is not correct to say that the petitioners are subjected to hostile discrimination by asking them to qualify in the Efficiency Test for promotion under 25% quota to be filled up on the basis of seniority-cum-efficiency. A division bench of Justice Shree Chandrashekhar and Justice Kuldeep Mathur held that Article 229 of the Constitution contemplated full freedom to …

Paying Only Subsistence Allowance To Employee Suspended Due To Criminal Case And Later Acquitted Without Dept Proceedings Amounts To Punishment: Rajasthan HC
2 weeks, 3 days ago

Paying Only Subsistence Allowance To Employee Suspended Due To Criminal Case And Later Acquitted Without Dept Proceedings Amounts To Punishment: Rajasthan HC

Live Law  

The Rajasthan High Court held that when an employee was suspended during pendency of proceedings under the Prevention of Corruption Act in which he was acquitted, in absence of any departmental proceedings against him, restricting his pay during suspension period to only subsistence allowance amounted to punishing such employee which could not be allowed. Court said: “The Tribunal rightly concluded …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 4 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 …

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
1 month ago

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

Live Law  

Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of Rajasthan …

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines
1 month, 1 week ago

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines

Live Law  

The Supreme Court recently directed the personal appearance of the Director General of Police, Haryana, since no action was reported to have been taken against police officials who arrested a person in violation of the directions passed in Arnesh Kumar v. State of Bihar.In Arnesh Kumar, the Supreme Court passed several guidelines to curb unnecessary and casual arrest, and directed …

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC
1 month, 2 weeks ago

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Live Law  

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act. …

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary
2 months ago

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary

Live Law  

The Jodhpur bench of the Rajasthan High Court recently granted interim relief to a government Medical Officer who had been suspended by the State, after he was arrested in a case for allegedly helping the principal accused in preparing a fabricated mark-sheet. Justice Arun Monga said, "Given the sheer time lapse between the time when the petitioner was arrested and …

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process
2 months ago

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to certain candidates who had applied for the post of Assistant Prosecution Officer, directing the State to allow these candidates to appear for the examination to the Post even though at the time of filling the application form they had not passed their law degree. However, by way of corrigenda …

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC
2 months ago

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that "non-cooperation in investigation” must be interpreted with precision and cannot be equated with the failure of the accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money.Justice Manjari Nehru Kaul while allowing an anticipatory bail application in a corruption case, rejected the. Justice Manjari Nehru …

'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 …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 1 week ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
2 months, 2 weeks ago

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Live Law  

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report. The bench of Justice Dinesh Mehta held that, “In the opinion of this …

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

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases
3 months ago

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases

Live Law  

The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him. Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his …

Candidate Not Responsible For State's Mistake In Issuing Experience Certificate, Cannot Be Denied Appointment: Rajasthan High Court
3 months ago

Candidate Not Responsible For State's Mistake In Issuing Experience Certificate, Cannot Be Denied Appointment: Rajasthan High Court

Live Law  

Rajasthan High Court observed that the State could not take advantage of its own wrong of issuing an incorrect experience certificate to the petitioner and then making her run from pillar to post, and rejecting her candidature for the post of Auxiliary Nurse & Midwives based on such mistake. The petitioner being eligible applied but did not find her name …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat
3 months, 2 weeks ago

Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat

Live Law  

Rajasthan High Court provided relief to a successful candidate for the post of Anganwari worker, who although was declared as meritorious in the selection list in 2016, owing to inaction on part of the Gram Panchayat, did not receive any appointment letter till date. The bench of Justice Arun Monga held that the petitioner could not be made to face …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 3 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 months, 3 weeks ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

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

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court
3 months, 3 weeks ago

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

Live Law  

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings. However, we …

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

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC
4 months ago

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC

Live Law  

Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence. Denying the petitioner an appointment solely due to an FIR/trial, in which he has …

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC
4 months ago

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC

Live Law  

Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees. The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court …

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 …

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

Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea
4 months ago

Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea

Live Law  

Justice Vinit Kumar Mathur in its order said, " The engagement of the petitioners was purely on urgent temporary basis and extension of their engagement was done by the respondents from time to time keeping in mind the services required by the State Government. Rejecting a plea moved by Medical Officers engaged by the state government on a contractual basis …

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 …

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
4 months, 1 week ago

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India. “The offending part of Condition …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
5 months, 3 weeks ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court
5 months, 3 weeks ago

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Live Law  

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect. “When a person is entrusted with the pious duty of imparting education and …

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 …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
7 months, 2 weeks ago

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance

Live Law  

Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
7 months, 3 weeks ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
8 months, 3 weeks ago

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the “The ground of rejection of the candidature of the petitioner seems to be wholly …

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

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

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 …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
11 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

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 …

Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High Court
11 months, 3 weeks ago

Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Patwari accused of accepting a bribe for entering a mutation based on forged documents observing that, employees vulnerable to temptations must not be given government jobs and any sympathies with such employees "erodes democracy's success. The Punjab & Haryana High Court has refused to grant anticipatory …

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
1 year ago

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Hindustan Times  

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children. The bench pointed out that the 2003 decision held that the classification, which disqualified candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, …

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