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

Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) 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 Kumar Mathur was hearing a writ petition filed by the Petitioner against the order of the Superintendent of Police,...

REET | If One Agency Of State Govt Declares Candidate Eligible, Another Govt Agency Can't Declare Him Ineligible: Rajasthan High Court

Rajasthan High Court has ruled that once an agency of the State Government i.e. the Board of Education had certified a candidate to have passed REET Level-I examination, it was not open for another agency i.e. the Education Department to reject the candidature opining that he did not pass the exam.The bench of Justice Farjand Ali was hearing a petition filed by a candidate of the recruitment of Assistant Teacher Level-I conducted by the State Education Department, whose candidature was...

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

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.The bench of Justice Arun Monga ruled that an acquittal was an acquittal, on whatever ground, which restored the Petitioner's status as a law-abiding citizen. It was held that denying appointment to the petitioner solely due to...

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court quashed an order which had declared the sale of a land to the petitioners' predecessor-in-title (purchasers) 21-years-ago void on the ground that the seller had not taken State's permission before sale as required under the Rajasthan Colonization Act, 1954. In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have...

Collector's Reference Made After Delay Of Over 3 Years Invalid In Law: Rajasthan HC Quashes Order Mutating Land Entries In Deity's Favour

The Jodhpur bench of the Rajasthan High Court quashed a Collector's 20-year-old reference order pertaining to a land parcel which said that as the land belonged to a deity–Doli Mandit Shri Thakur Ji Purohita, it could not have been recorded in the name of the original owner, from whom the petitioners had subsequently purchased the land. It also set aside the Board of Revenue's order which set aside the mutation entries of a land belonging to the certain persons (petitioners), who had...

Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance

Faced with conflicting Supreme Court decisions, Rajasthan High Court granted compensation to the claimants of a deceased affirming that in cases where the deceased was driving/ riding a borrowed vehicle, he/she steps into the shoes of the owner and thus shall be entitled for compensation towards personal accident cover as per contract of insurance in case premium was charged from the owner for personal accident cover.The bench of Justice Nupur Bhati was hearing an appeal filed by the claimants...

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

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 fee, the trial court may consider this objection at the final stage of the suit and hence, no error was committed by the Civil...

Collector Cannot Cyclostyle Anti-Corruption Bureau's Draft To Sanction Prosecution, Must Apply Independent Mind: Rajasthan HC

Rajasthan High Court has reiterated that the grant of sanction for prosecution is not a mere formality and that a sanctioning authority is obligated to discharge its duty after having full knowledge of the material facts of the case.The division bench of Justice Shree Chandrashekhar and Justice Rekha Borana further held that the sanction must be observed with complete strictness, keeping in...

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

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...

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

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 High Court.The division bench...

Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11(6) of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11(6) cannot be countenanced in law. Brief...

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

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.The bench of Justice Farjand Ali was hearing a writ petition filed by a retired Additional Superintendent of Police (ASP), seeking a direction to the State Government for considering...