Rajasthan High Court
Employees Have A Legitimate Expectation For Extension Of Same Benefits As Extended To Similarly Situated Employees: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Mukesh Sharma vs State of Rajasthan has held that employees have a legitimate expectation of getting same benefits which were extended to an employee which is similarly situated.Background FactsDr. Mukesh Sharma (Petitioner) was appointed as...
Punishment Of Forfeiture Of Service Can Be Imposed For Willful Absence Though Not Explicitly Stated Under Services Rules: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Shiv Kumar Khandelwal vs State of Rajasthan & Ors has held that punishment of forfeiture of service can be imposed for willful absence even though it is not explicitly spelt out under Rule 14 of Rajasthan Civil Services (Classification, Control and...
When Dealing With Matters Of Concealment, Courts Ought To Juxtapose The Nature Of Concealment With The Nature And Terms Of Recruitment: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Nand Kishore Meena vs General Manager, Disciplinary Officer, Oriental Bank of Commerce has held that while dealing with matters of concealment, the courts ought to juxtapose the nature of concealment on part of the applicant with the nature and terms of...
Retiral Benefits Cannot Be Withheld Because Of Proceedings Which Do Not Relate To Official Duties: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition (“CWP”) in the case of Mahesh Chandra Soni vs State of Rajasthan and Ors. has held that retiral benefits cannot be withheld because of proceedings which do not relate to official duties like family disputes. Background FactsMahesh Chandra Soni (“Petitioner”)...
Rajasthan HC Orders Formation Of 'Grievance Redressal Cells' In All Govt Departments To Decide Public Representations, Comply With Judicial Orders
Reprimanding the State for blatantly disregarding the court directions in a plea for regularization of a particular plot, Rajasthan High Court has mandated forming of 'separate' Grievance Redressal cells in all state departments to ensure compliance with court orders.The single-judge bench of Justice Anoop Kumar Dhand also directed the State's Chief Secretary to make sure that such cells...
Rajasthan High Court Dismisses PIL Seeking Live Streaming Of Court Proceedings
Rajasthan High Court has refused to issue directions for the live streaming of court proceedings and rejected a public interest litigation filed seeking issuance and directions for the same.The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal dismissed the PIL filed by one Mr. Harshit Dudawat by taking the stand that video conferencing facilities are...
Adults Willingly Engaging In Sexual Relations Outside Marital Setting Constitutes No Offence: Rajasthan High Court
The Rajasthan High Court recently observed that if two adults willingly engage in sexual relations outside of marriage, no statutory offence gets constituted.A bench of Justice Birendra Kumar opined thus while emphasizing that unless someone marries during the lifetime of his/her spouse, only marriage-like relationships such as living-in-relationship would not come within the mischief of...
'VC Facility Being Provided To All Litigants': Rajasthan HC Disposes PIL Plea Seeking Live Streaming Of Court Proceedings
The Rajasthan High Court (Jaipur Bench) recently disposed of a Public Interest Litigation (PIL) plea filed before it seeking live streaming of the court proceedings.A bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal noted that since the Court was already providing a video conferencing facility to all the litigants, the PIL plea deserved no action."Taking...
S.14 SARFAESI Act Confers Ministerial Powers On Magistrate, Not Required To Adjudicate Disputes Qua Secured Asset: Rajasthan High Court
Rajasthan High Court has recently held that the powers of a CMM/DM under Section 14 of the SARFAESI Act are ministerial and do not allow adjudication of a dispute regarding the secured asset that subsists between the borrower, secured creditor or any third party.The single-judge bench of Justice Anoop Kumar Dhand underscored that the 'satisfaction of the magistrate' as contemplated in Section...
Pollution Control Board Recruitment: Rajasthan High Court Asks State Why State Public Service Commission Not Appointed As Exam Agency
Rajasthan High Court has recently asked the State Pollution Control Board to answer why it chose IBPS instead of RPSC as the examination agency for filling vacancies in the posts of Legal Officer, Junior Scientific Officer and Junior Environmental Engineer.The single-judge bench of Justice Sameer Jain also asked the Pollution Control Board to explain in its affidavit why the appointment...
Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta has observed that the scope of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, as the former deals with any proceedings on subject matter, whereas...
Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court
The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The bench held that challenges to such determination fall under the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Rajasthan...