When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC

Rajasthan High Court has ruled that not mentioning of selection criteria in the advertisement for a public post when the same was explicitly mentioned on the website of the concerned department would not vitiate the entire selection process since the criteria could not be said to have been added after the initiation of the selection process.“It is also noted that the Rules of selection were...

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

Rajasthan High Court recently allowed a petition challenging an 'Awaiting Posting Order' (“APO”) passed by the State Medical and Health Services Department (“the 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.APO refers to a status of government officials during which the officials are...

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC

The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer.A single judge bench of Justice Anil Kumar Upman referred to Section 166(2) of the Motor Vehicles Act which lays down that an application for compensation could be filed either with the...

Rajasthan High Court Refuses To Expunge Trial Court's Deleterious Remarks Against IO, Says Order Satisfies 'Triple Test'

The Rajasthan High Court recently dismissed the plea moved by an Assistant Sub Inspector (“petitioner”) seeking to expunge certain deleterious remarks made about him by a trial court, while he was acting as the Investigating officer in a criminal case.The bench of Justice Sameer Jain observed that the order of the trial court satisfied the "triple test" prescribed to Courts before...

Rajasthan High Court Upholds Acquittal Of Husband Accused In Wife's Dowry Death, Cites Delay & Inconsistencies Between Dying Declarations

Rajasthan High Court dismissed a criminal appeal against an acquittal order passed 35 years ago in an alleged case of murder owing to unfulfilled dowry demands. The court noted that the implicating dying declaration was made 16 days after the first dying declaration and consequently the report was also lodged after an inordinate delay of 16 days after the incident.The division bench of...

Accused's Fundamental Right To Liberty Includes Right To Participate In Significant Family Events: Rajasthan High Court

The Rajasthan High Court granted permission to an accused charged for attempt to murder and under the Arms Act, to travel abroad to attend his daughter's engagement ceremony.The bench of Justice Arun Monga set aside the order of Sessions Judge that had dismissed the application filed by the accused to this effect and held that despite being an accused, the petitioner still had the...

All Female Employees Entitled To Benefit Of 180 Days Maternity Leave Under Maternity Benefit Act: Rajasthan High Court Clarifies

The Rajasthan High Court has ruled that granting only 90 days of maternity leave to female employees of Rajasthan State Road Transport Corporation (“RSRTC”) based on Regulation 74 of the RSRTC Employees Service Regulations, 1965 (“1965 Regulations”) instead of 180 days as mandated by the Maternity Benefits Act, 1961 (“1961 Act”) after the 2017 amendment, was not only...

Offence Of Cheating & Criminal Breach Of Trust Can't Stand Together: High Court Laments "Routine" FIRs By Rajasthan Police In Commercial Matters

The Rajasthan High Court has reiterated that Section 420 (cheating) and 405 (criminal breach of trust) of IPC (corresponding to Section 318 and 316 of Bharitya Nyaya Sanhita, 2023, respectively) are antithetical to each other and cannot not be invoked together against an accused person.The bench of Justice Arun Monga observed that under Section 405, the main element is entrustment of property...

In Absence Of Fraud, Mischief, Misrepresentation, Public Employment Can't Be Terminated, Reiterates Rajasthan High Court

Rajasthan High Court has affirmed that public employment of individuals granted on merit, without any fraud, mischief, misrepresentation or mala fide on part of the employee, could not be terminated only on the ground of revision in the cut off marks that too at a quite belated stage.The bench of Justice Vinit Kumar Mathur observed that while exercising its powers under Article 226, the Court...

Not Enough Evidence To Suggest Accused Conspired With Primary Accused: Rajasthan HC Grants Bail To One In Tailor Kanhaiya Lal Murder Case

The Rajasthan High Court granted bail to one of the accused, Mohammed Javed, in the tailor Kanhaiyalal murder case that took place in 2022, on the grounds that prima facie there was not enough evidence to suggest that the appellant conspired with the primary accused.The division bench of Justice Praveer Bhatnagar and Justice Pankaj Bhandari was hearing the criminal appeal filed by the...

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that in a departmental enquiry, if the enquiry officer himself/ herself acted as the prosecutor, the entire departmental enquiry would stand vitiated.The bench of Justice Anoop Kumar Dhand was hearing a petition against an order passed by the government terminating the petitioner from his service in the CRPF. It was the case of the petitioner that at the...

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

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.“When substantial and technical consideration are pitted against each other, the cause of substantial justice deserves to be...