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Dec 18 2015 (HC)

Om Prakash Yadav Vs. The State of Rajasthan

Court : Rajasthan Jodhpur

By the Court: 1. The challenge in the present writ petition is to orders dated 6.8.2013 and 12.2.2014 placing the petitioner under suspension with retrospective effect, i.e., from 27.6.2013. 2. It is submitted by the counsel for the petitioner that he was promoted on the post of Senior Geologist against the vacancies of the year 2002-2003. On account of promotion, one Shri Manoj Kumar B. Meena filed several false and bogus complaints against the petitioner as well as other senior officials and continued to do so. On 14.3.2013, Shri Meena requested for change of the channel for submission of Annual Performance Appraisal Report for the year 2012-2013 with a request that his Annual Performance Appraisal Report may be filed by an officer of any other Zone other than the Udaipur Zone which was with the petitioner. As the petitioner had received other APARs from other subordinate officers with the exception of Sh.Meena, the petitioner requested Sh. Meena to forward his APAR for the period 1....

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Dec 18 2015 (HC)

Sharad Chandra @ Sarat Chandra Vs. State of Rajasthan

Court : Rajasthan Jodhpur

Heard learned counsel for the parties and perused the material available on record. By way of the instant misc. petition, the accused petitioner Sharad Chandra @ Sarat Chandra has approached this Court being aggrieved of the order dated 9.9.2015 passed by the learned Sessions Judge, Jodhpur District, Jodhpur in Sessions Case No.152/2013 whereby, the application preferred on his behalf in the trial Court under Section 91 Cr.P.C. for summoning certain documents, was rejected. The petitioner is facing trial in the Court of learned Sessions Judge, Jodhpur District, Jodhpur for the offences under Sections 342, 376(2)(f), 376D, 354A, 370(4), 506, 509/34, 109 and 120-B I.P.C., Sections 23 and 26 of the Juvenile Justice Act and Sections 5(f)(g)/6 and 7/8 of the POCSO Act. The trial is presently proceeding at the stage of cross examination of the last prosecution witness namely, the Investigating Officer PW 43 Smt.Chanchal Mishra. There is a serious contest between the accused and the prosecuti...

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Dec 18 2015 (HC)

Jagdish Chandra Vs. State of Rajasthan

Court : Rajasthan Jodhpur

Gopal Krishan Vyas, J. Both above criminal appeals are filed by the appellants under Section 374(2) of the Cr.P.C. against the judgment of conviction and sentence dated 3.10.2006 passed by the learned Addl. Sessions Judge (Fast Track) Chittorgarh in Sessions Case No.25/2005 arising out from FIR no.64/2005 registered at Police Station Kapasan, District Chittorgarh whereby the learned trial court convicted both the accused appellants for the offences under Sections 302, 201, 380 and 379 IPC and in addition to that offence, accused Jagdish Chandra S/o Ratan Lal Jat was convicted for offence under Section 4/25 of Indian Arms Act also and following sentences were passed against both the accused appellants, which reads as under: 1. Accused appellant Jagdish Chandra S/o Ratan Lal Jat Under Section 302 IPCLife imprisonment and a fine of Rs.5,000/- and in default of payment of fine to further undergo six month s RI.Under Section 201 IPCFive years RI and a fine of Rs.5,000/- and in default of pa...

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Dec 17 2015 (HC)

Kiran Sharma Vs. Agricultural University, Udaipur and Others

Court : Rajasthan Jodhpur

By the Court: This writ petition has been filed by the petitioner aggrieved against the order dated 25/26.04.2000 (Annex.-13), whereby the petitioner was imposed with punishment of compulsory retirement and order dated 18.04.2001 (Annex.-19) communicated to the petitioner on 18.06.2001 passed by the Appellate Authority, whereby the appeal filed by the petitioner was dismissed. The petitioner was working on the post of Technical Assistant and was relieved from the College of Home Science, Udaipur on 28.02.1996 having been transferred to Krishi Vighan Kendra, Banswara ( KVK ), where she joined on 11.03.1996. It is claimed that at KVK neither there was any post nor any fund available for making payment of salary to the petitioner and, therefore, the payment of salary was to be made to the petitioner from the College of Home Science, Udaipur; whereafter, no salary was paid to the petitioner despite making several representations. She was informed that as petitioner s leave record was not r...

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Dec 16 2015 (HC)

Sardarmal and Another Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

By the Court: In both these writ petitions, common question of law and facts are involved, therefore, both are heard together and disposed of by this common order. The facts necessary and germane to the matter are that both the petitioners are licensee for vending Indian Made Foreign Liquor (IMFL)/Beer and Country Liquor respectively issued by the Excise Department. The petitioner Sardarmal in CWP No.168/2015 was issued licence to operate shop No.3 at Zone No.5, Opposite Umaid Mill at Jodhpur-Pali road for the year 2014-15 whereas the petitioner Smt.Kamla Devi in CWP No.149/2015 was issued licence to operate shop located at Ward No.35 of Municipal Council, Pali for the year 2014-15. Both the petitioners have made a positive assertion in the writ petitions that the shop in question is involved in vending of liquor for the last more than a decade and earlier both these shops were owned by one Mahendra Kumar who was issued licence by the Excise Department for vending of country liquor. Th...

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Dec 02 2015 (HC)

Brij Mohan Sharma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

By The Court (Oral): 1. This review petition is reported to be time barred by 20 days. 2. For the reasons mentioned in the application under Section 5 of the Limitation Act, the same is allowed. Delay of 20 days in filing the present review petition is thus condoned. 3. The present review petition has been filed by the writ petition, seeking recall of the order dated 07.08.2014 passed by this Court in S.B.Civil Writ Petition No.6313/2007 - Brij Mohan Sharma Vs. State and Ors., disposing of the writ petition as having become infructuous. The relevant portion of the order dated 07.08.2014 is quoted below:- "1. The lawyers are observing strike which is contrary to various Supreme Court decisions. 2. The present writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, humbly and respectfully prayed that writ petition of the petitioner may kindly be allowed and by an appropriate writ, order or direction:- (A) That, the orders dated 20th July, 2000 (anne...

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Oct 06 2015 (HC)

Prahlad Rai Verma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

This writ petition has been filed by the petitioner aggrieved against the order dated 7.9.2015 passed by the Director and Joint Secretary, Directorate, Local Self Department, Rajasthan, Jaipur, whereby the petitioner has been placed under suspension. The petitioner, who was initially appointed as Assistant Revenue Inspector on 22.12.1983 was last promoted in 1994 on the post of Revenue Inspector and at the time when the order impugned placing the petitioner under suspension was passed, he was discharging his duties on the post of Executive Officer, Municipal Board, Itawa. It is inter-alia indicated in the writ petition that in the year 2009, the services of the petitioner were transferred from the Municipal Board, Kethun to Municipal Board, Rawatbhata where he was posted as Executive Officer. The Anti Corruption Bureau ('ACB') lodged an FIR on 18.7.2012 against the petitioner and Chairman, Municipal Board for the offence under Sections 13(1)(d), 13(2) of the Prevention of Corruption Ac...

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Sep 17 2015 (HC)

Govind Prasad Sharma and Others Vs. State (Education Department) and O ...

Court : Rajasthan Jodhpur

By the Court: (Ajay Rastogi, J.) In the instant batch of writ petitions, few of the petitioners have prayed to declare R.2(j) and R.16 and Schedule-I of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 (for short the Rules, 2015 ) and few of the petitioners have prayed to declare R.15(x) and R.25 of the Rules, ultra vires to the extent that it does not include the work experience gained by the petitioners as Prerak, Anganbari Worker, Mid Day Meal, Guest Faculty, Child Labour Projects and other categories of employment on daily wages, contract or temporary employment to be considered eligible and age relaxation in recruitment to the post of Vidhyalay Sahayak which is included in the Schedule-I appended to the Rules, 2015. The selection process has been initiated for recruitment for 30,522 posts of Vidhyalay Sahayak vide advertisement dt.21.07.2015 published by the Director (Elementary Education), Government of Rajasthan. In the present batch of writ petitions, the petitio...

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Aug 11 2015 (HC)

Prem Devi and Another Vs. Bholanath Gattani

Court : Rajasthan Jodhpur

Prakash Gupta, J. 1. This second appeal is preferred by the plaintiffs-appellants against the Judgment and Decree dated 23/01/201998 passed by the Additional District Judge No.2, Jaipur City, Jaipur (hereinafter referred to as 'the appellate Court') in Civil Regular appeal No. 34/94 whereby, the appellate Court dismissed the appeal and confirmed the Judgment and Decree dated 23/09/94 passed by the Civil Judge (J.D.) East, Jaipur City, Jaipur (hereinafter referred to as 'the trial Court') in civil suit No. 444/1993. 2. The brief facts giving rise to the this appeal are that the appellants-plaintiffs (hereinafter referred to as 'appellant') filed a suit for possession and permanent injunction with respect to disputed property described as two "Saals" situated in the house Pitalion Ka Chowk, Chowkari Vishvesharji, Jaipur. The said "Saals" have been shown and marked in the map as 'A' and 'B'. It is also alleged that previously, these two "saals" were one but later on had converted into two...

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Aug 10 2015 (HC)

Nikhil Soni Vs. Union of India and Others

Court : Rajasthan Jodhpur

Sunil Ambwani, C.J. 1. In this writ petition filed under Article 226 of the Constitution of India in public interest, the petitioner, a practising lawyer at Jaipur Bench of the Rajasthan High Court, has prayed for directions to the Union of India through Secretary, Department of Home, New Delhi-respondent no.1 and the State of Rajasthan through Secretary, Department of Home, Secretariat, Rajasthan, Jaipur-respondent no.2, to treat SANTHARA or SALLEKHANA as illegal and punishable under the law of the land and that the instances given in the pleadings, be investigated and subjected to suitable prosecution of which, the abetment be also treated as criminal act. 2. The Santhara , which means a fast unto death, is a practice prevalent in Shvetambara group of Jain community. According to the petitioner, it is a religious fast unto death on the pretext that when all purpose of life have been served, or when the body is unable to serve any purpose of life, the Santhara will obtain Moksha (salv...

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