Rajasthan High Court
Police Acted Partially To Shield Real Culprits: Rajasthan High Court Grants Bail To NDPS Accused, Directs Further Investigation By Senior Officer
The Rajasthan High Court has granted bail to an accused under the NDPS Act upon noting that the investigation carried out by the investigating officer (IO) was biased in nature. The Court further directed for additional investigation to be carried out by another officer.“Fair trial and investigation are part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution...
Rajasthan Civil Services (Pension) Rules 1996 | Family Of Govt Employee Who Died While On Duty Due To Heart Attack Entitled To Ex-Gratia Amount: High Court
The Rajasthan High Court (“the Court”) has reiterated that if a government servant dies while being on duty on account of heart failure, he is entitled to an ex-gratia amount under Rule 75 of the Rajasthan Civil Services (Pension) Rules, 1996 (“the Rules”). Rule 75 of the Rules provides for situations in which the family of a government servant who dies while on duty is entitled to...
Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court
The Rajasthan High Court (“the Court”) has clarified that while deciding a matter, the appellate authority under the Rajasthan Electricity (Duty) Act 1962 (“the Act”) has the power to pass orders that are incidental to the matter including any interim orders. The Court said:“In our considered opinion, the view taken by the Appellate Authority is completely erroneous and unsustainable...
[NDPS Rules] Seizure Officers Must Collect Contraband Samples Separately From Each Bag: Rajasthan HC Grants Bail To Accused Booked For Possessing Over 1 Kg Heroin
The Rajasthan High Court (“the Court”) granted bail to an applicant who was booked under the NDPS Act for allegedly carrying over 1 Kg of heroin. The bench of Justice Anil Kumar Upman found that the samples of the contraband were not collected in accordance with the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (“the Rules”).The...
Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
The Rajasthan High Court (“the 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, the initiation of criminal...
Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
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...
Commissioner Under Disabilities Act Cannot Stay Retirement Of Any Employee: Rajasthan High Court Reiterates
A bench of Justice Sameer Jain at the Rajasthan High Court has reiterated that the Commissioner under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 does not have the jurisdiction to pass an interim direction, putting a stay on the retirement of an employee.The Court was hearing a petition filed by the Rajasthan Public...
Repeated Representations Can't Be Made Basis To Approach Court When There Is No Subsisting Right: Rajasthan High Court
Rajasthan High Court has affirmed that if a subsisting right has come to an end on account of delay and laches, repeated representations could not be a basis to approach the court for seeking a direction to decide those representations, in absence of any subsisting right.As per the facts recorded by the Court, an auction for a property was held in 1972. The appellant was the winning bidder...
Long List Of Criminal Appeals Pending Hearing: Rajasthan HC Suspends Sentence Of Life Convict Who Served 10 Yrs, Cites Delay In Deciding Appeal
The Rajasthan High Court has suspended the sentence of an individual sentenced to life imprisonment for the offence of murder and released him on bail, pending his appeal in the case. The individual had filed an application under Section 389, CrPC, arguing that he had been in custody for more than 10 years and there was no likelihood of the appeal being taken up in the near future.Section...
Irregularity In Paying Travelling Allowance Does Not Impact Legality Of Employee's Transfer Order: Rajasthan High Court
A division bench led by Justice Pushpendra Singh Bhati of the Rajasthan High Court has held that the determination of the admissibility of travelling allowance shall not be construed as a non-curable defect in the transfer order of an employee.The Court was hearing an appeal filed by a government employee (appellant) who was transferred to another place without being paid the...
Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates
“Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said.Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment...
No Absolute Protection For Govt Employees To Continue Service At Desired Location, Administrative Exigency Precedes Familial Convenience: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that the scope of judicial review against transfer orders of government employees is minuscule. The Court observed that transfer being part and parcel of a transferable government job, government employees do not have fundamental protection to continue serving at a location of their liking.The bench of Justice Sameer Jain observed that...