Judgments/ Orders of the WeekCitations: 2022 LiveLaw (Raj) 71 - 2022 LiveLaw (Raj) 80 1. No Person Has A Vested Right To Be Posted At A Particular Place: Rajasthan High Court Denies Relief To Govt Teacher Case Title: Soniya Burdak v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 71 The Rajasthan High Court has ruled that no person has a vested right to...
Judgments/ Orders of the Week
Citations: 2022 LiveLaw (Raj) 71 - 2022 LiveLaw (Raj) 80
Case Title: Soniya Burdak v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 71
The Rajasthan High Court has ruled that no person has a vested right to be posted at a particular place. The court further observed that accepting a request for inter-district transfer of a recruit can lead to chain reaction and at times considerable administrative difficulties.
Chief Justice Akil Kureshi and Justice Madan Gopal Vyas, ordered, "The question of appointment or absorption in particular district, division or zone at the time of recruitment is essentially for the convenience of the selected candidate but this always is subject to administrative exigencies. No person has a vested right to be posted at a particular place. The selections and recruitments must attain finality."
The development ensued in a writ appeal filed by a PTI Grade-III recruit, seeking posting at Alwar instead of Jhunjhunu.
Case Title: M/S Fairdeal Shipping Agency Pvt Ltd. v.. The Joint Commissioner of Customs (Preventive)
Citation: 2022 LiveLaw (Raj) 72
The Rajasthan High Court has held that officers of Directorate of Revenue Intelligence (DRI) are not a competent authority to issue show cause notice and adjudicate the same as "proper officer" under Section 28 and 124 the Customs Act, 1962.
A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain, rued, "DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as "proper officer". The Act, the notification relied upon do not define and bring the DRI officers within four corners of "proper officers" having functions and powers to act under Section 28 of the Act of 1962 "
The court observed that the entire proceedings in the present case, initiated by officers of DRI in as much as by issuance of show cause notice under Section 28/124 of the Customs Act lacks jurisdiction and are without any authority of law because the present show cause notice is not issued by custom officer but by DRI officer who has not been assigned specific function/power under Section 6 to issue show cause notice U/S 28 of the Act of 1962.
Case Title: Ankit Sharma & Ors. v. Rajasthan Public Service Commission
Citation: 2022 LiveLaw (Raj) 73
In a significant development, the Rajasthan High Court, Jaipur has quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC).
The court directed RPSC to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly.
The preliminary examination was conducted on 27.10.2021 and the final answer key was issued on 22.11.2021.
Justice Mahendra Kumar Goyal, observed, "The upshot of the aforesaid discussion is that the writ petitions are partly allowed in the above mentioned terms. The final answer key dated 22.11.2021 is quashed to the extent as stated hereinabove. Resultantly, the result dated 19.11.2021 stands quashed. The RPSC is directed to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly."
Case Title: Tasleem Ahmed Khan v. Union of India
Citation: 2022 LiveLaw (Raj) 74
The Rajasthan High Court, Jaipur Bench, has refused to grant interim stay in a plea seeking complete ban on exhibition of KGF-2 movie and its Teaser. The movie is set to release on 14th April 2022.
The development ensued in an appeal filed by one Tasleem Ahmed Khan against an order dated 31.01.2021 passed by the Single Judge, whereby while issuing notice in the writ petition against the movie, interim stay was refused.
The appellant is primarily aggrieved by certain scenes showing the actors smoking cigarettes. It is contended that the same is not permissible as per the rules and regulations framed by the Government of India.
Case Title: Rajkamal Basitha v. Rajasthan High Court, Jodhpur and connected matters
Citation: 2022 LiveLaw (Raj) 75
The Rajasthan High Court, Jaipur dismissed a batch of writ petitions challenging the District Judge Recruitment process.
In this matter, all the petitioners herein failed to make a mark in the preliminary examination. They were not shortlisted and did not qualify for the main examination.
Chief Justice Akil Kureshi and Justice Sudesh Bansal, ruled, "All in all we find that the exercise undertaken by the specially constituted committee which culminated into a well-reasoned report touching threadbare on each and every disputed question, and which report was accepted by the examination committee, calls for no interference."
Case Title: Rajasthan Public Service Commission v. Ankit Sharma & Ors.
Citation: 2022 LiveLaw (Raj) 76
The division bench of Rajasthan High Court stayed the single judge bench order which quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC).
The court ordered that it would be open for RPSC to conduct the written main examination on the rescheduled date.
The court refused to go into the questions threadbare and observed that it has prima facie belief that the learned Judge had exceeded the scope of writ jurisdiction in the present case. The court observed that no legal or factual malafides were demonstrated nor procedural illegality was established and in some cases there still exists a grey area, which inturn is not sufficient to overturn an expert's body's decision.
Case Title: Rakesh Garg Versus Principal Commissioner Of Income Tax, Ajmer
Citation: 2022 LiveLaw (Raj) 77
A Bench of Rajasthan High Court, consisting of Chief Justice Akil Kureshi and Justice Sudesh Bansal, held that since the primary intention of the Vivad Se Vishwas Act, 2020 was the resolution of disputed taxes, the courts must adopt an interpretation that furthers this intention and not restrict its scope. Also, the court ruled that a clarification issued by the Central Board of Direct Taxes (CBDT), being declaratory in nature, cannot introduce a cut off date for its applicability.
Proceedings for penalty under the Act were initiated against the Assessee for failing to file an audit report under Section 44AB of the Income Tax Act, 1961. Against the order of the Assessing Officer imposing penalty on the Assessee, an appeal to the Commissioner of Income Tax (Appeals) (CIT (A)) was filed which was dismissed by it. The Assessee thereby filed an appeal before the Income Tax Appellate Tribunal (ITAT) along with an application for condonation of delay.In the meantime, the Direct Tax Vivad Se Vishwas Act, 2020 was passed by the Parliament, with effect from 17th March, 2020, for resolution of disputed tax.
Case Title: Radhakrishan Meena v. State Of Rajasthan, Through P.P
Citation: 2022 LiveLaw (Raj) 78
In a case pertaining to rape on account of false promise to marriage, the Rajasthan High Court, Jaipur observed that married educated women, depending upon the facts of each case, is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage.
The court opined that the consent of a woman under Section 375 of IPC can be held vitiated only on the ground of misconception of fact where such misconception was the basis of her surrender for establishing physical relationship. The court further opined that a breach of promise cannot be said to be a false promise. To establish a false promise, the maker of the promise should have had no intention of upholding his words at the time of giving it, added the court.
Justice Farjand Ali, observed, "When a woman is married and educated, then, depending on facts of each case, she is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage. In the event of a consent obtained by fraud, inducement is a necessary ingredient. There must be some material on record to hold prima facie that the girl was induced by the accused to such an extent that she was in agreement to have sexual intercourse with him"
Case Title: Union Of India & Anr. v. Harendra Gawaria
Citation: 2022 LiveLaw (Raj) 79
Recently, the division bench of Rajasthan High Court, Jaipur dealt with the question of whether the candidature of the respondent can be rejected by the Department of Railways on the ground of human error/bonafide mistake alone, because the date of the Postal Order was wrongly mentioned by him in the application, despite the fact that Postal Order was issued within the period of limitation.
In the present matter, the North Western Railway (NWR) Recruitment Cell issued an advertisement on 16.12.2010 by which the applications for recruitment on several posts of Group 'D'. were invited. The respondent submitted an application under the category of Other Backward Class. He qualified in the written examination, appeared in the physical eligibility test and qualified the medical test. Finally, the respondent was found fit, but subsequently, his candidature was rejected on 29.07.2013 by NWR for the reason that the Postal Order submitted by him was not within limitation.
Case Title: Suresh v. State Of Rajasthan, Through Pp
Citation: 2022 LiveLaw (Raj) 80
In a significant ruling, the Rajasthan High Court, Jaipur has issued guidelines for Test Identification Parade (TIP) in POCSO Cases.
The court ruled that special Judges of POCSO Act cases and all the District & Sessions Judges of the State shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are conducting the trial of POCSO Cases
Justice Farjand Ali, while issuing the guidelines for TIP, rejected the bail application of the accused and ordered, "This order shall be conveyed by the Registry of this Court to all learned special Judges of POCSO Act cases and all the District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are conducting the trial of POCSO Cases."
Other Important Updates
Case Title: Vishnu Oil Mill Private Ltd. v. Union of India
The Rajasthan High Court has issued notice on a writ petition seeking to declare Section 7 of Insolvency Bankruptcy Code, 2016 as unconstitutional to the extent it facilitates a joint application by multiple financial creditors, to prove the minimum default of one crore rupees.
A division bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, ordered,
"Issue notice to respondents. Learned counsel appearing for Union of India Mr. Mukesh Rajpurohit, Additional Solicitor General takes notice and is granted three weeks' time to file reply. Let notices be issued to respondent Nos. 4 to 7, returnable within three weeks."