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May 19 2011 (HC)

Hari Ram Vs. D.J. Pali (Raj.) and anr.

Court : Rajasthan Jodhpur

1. Though the matter is placed for consideration of the application (IA No.15241/2009) moved as back as on 04.11.2009 for early listing but then, it is noticed that not only the application has been rendered redundant but even the petition itself has been rendered infructuous. This writ petition is directed against the order dated 25.09.2007 whereby the learned District Judge, Pali proceeded to dismiss an Election Petition as filed by the petitioner under Section 36 of the Rajasthan Municipalities Act, 1959 questioning the elections as held on 20.08.2005 for ward No.25 in the Municipal Board Sojat City, District Pali. It is not in dispute that the term of the Office under the said election is already over.2. Thus the matter herein can only be considered having academic connotations but no longer for any substantive relief for either of the parties.3. In the given set of facts and circumstances, there appears no reason to continue with this writ petition any further and it appears appro...

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May 19 2011 (HC)

Uttam Singh Vs. State of Rajasthan

Court : Rajasthan Jodhpur

1. Heard learned counsel for the petitioner. The brief facts of the case are that the petitioner was charge-sheeted for willful absence from duty and in the regular inquiry held against the petitioner; the misconduct of the petitioner was proved. The disciplinary authority by accepting the report of inquiry officer passed impugned order dated 31st December, 2004; whereby, the penalty of withholding three grade increments with cumulative effect has been imposed. Against the order of punishment dated 31st!!2. December, 2004 passed by the Superintendent of Police, Sirohi an appeal was preferred by the petitioner but the appellate authority rejected the appeal vide order dated 04th April, 2006 (Annexure-8). The petitioner further preferred a review petitioner before His Excellency the Governor that too was rejected vide order dated 07th July, 2009. Meaning thereby, there is concurrent finding of all three authorities with regard to misconduct committed by the petitioner for willful absent ...

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May 18 2011 (HC)

Kheta Ram Vs. State of Rajasthan

Court : Rajasthan Jodhpur

1. This appeal came up before us for orders on2. An application seeking suspension of sentence, but with consent of counsel for parties we have heard the appeal itself finally.3. In brief, facts of the case are that complainant Magh Singh (PW-1) submitted a written report (Ex.P/1) at Police Station Dungargarh on 19.2.2006 at 08:15 AM. As per the written report, on 17.2.2006 at about 10:00 PM Jagmal Singh and Ranjeet Singh conveyed Magh Singh that his brother Mool Singh has received certain injuries and he is lying in unconscious state. Magh Singh then rushed to the field and found Mool Singh lying in a jeep of Ramnarain in unconscious state. Parta Ram, Karni Singh and Kheta Ram were also sitting in the same jeep. Mool Singh was brought to the hospital at Bikaner where he was declared dead. After returning to village, on inquiry Kheta Ram informed that Mool Singh alongwith Koja Ram came to him on 17.2.2006 and demanded a sum of Rs.200/- i.e. said to be due. He then gave a "aadia" blow t...

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May 18 2011 (HC)

Khartha Ram Vs. Lrs of Late Smt. Lali Devi

Court : Rajasthan Jodhpur

1. Having heard the learned counsel for the petitioner and having perused the material placed on record, this Court is not persuaded to consider interference in this matter particularly when the application moved by the petitioner under the Order IX Rule 13 C.P.C. is said to be pending. The petitioner is, of course, free to make request to the learned Trial Court for appropriate proceedings but this Court finds no reason to entertain this writ petition where the petitioner seeks stay over execution proceedings. The petition fails and is, therefore, dismissed with the observation aforesaid....

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May 17 2011 (HC)

Tanuj Vaishnav and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan Jodhpur

1. S.B. Civil Writ Petition No.10866/2010 is preferred by 17 petitioners seeking a direction to cancel the examination of Nursing Grade-II Competitive Examination, 2010 on the count that certain unsocial persons disclosed the question paper of the examination concerned prior to conduct of the examination and that vitiates the entire process of selection. In the petition for writ aforesaid, this Court on 24.11.2010 passed the following order:-"On 20.10.2010, the Nurse Grade-IICompetitive Examination, 2010(Examination Code No.23) was conducted by the Rajasthan Public Service Commission in pursuant to a Notification dated 2.6.2010. As per the petitioners, the question paper of the examination concerned was disclosed by certain persons prior to 20.10.2010 and a criminal case in this regard was lodged. Certain arrest of accused-persons was also made on the same day, but despite discloser of question paper, the respondent Commission proceeded with the examination and on basis of such examina...

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May 17 2011 (HC)

Smt. Manju and anr. Vs. State (Home Affairs) and ors.

Court : Rajasthan Jodhpur

1. The petitioners, said to have contacted marriage on 22.04.2011 at Arya Samaj, Hanumangarh Junction, have filed this writ petition stating threat perceptions and apprehensions because of this inter-caste marriage, particularly at the hands of respondent No.4, the grand father of the petitioner No.1. It appears that an FIR bearing number No. 101/2011 (Annex.3) has been lodged at the Police Station, Sadulshahar for the offences under Sections 366 and 120-B IPC particularly accusing the petitioner No. 2 and a few other persons of having abducted the petitioner No.1. When the petitioners are aware of such FIR having been lodged, it is rather expected of them to co-operate in the process of law; and there appears no reason to entertain this writ petition, filed with some uncertain and vague allegations.2. The petitioners submit that they have made a representation to the Superintendent of Police, Sriganganagar on 23.04.2011 (Annex.4) seeking protection. It does not appear, however, from t...

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May 17 2011 (HC)

Ram Kishan Lakhara Vs. State (Accounts) and ors

Court : Rajasthan Jodhpur

1. By way of this writ petition, the petitioner, working on the post of Divisional Accountant seeks to question the order dated 19.04.2011 (Annex.4) whereby he has been transferred from the Office of Executive Engineer, Public Health Engineering Department, Nagaur Division, Nagaur to the Office of Executive Engineer, Water Resources Division, Merta City, District Nagaur; and so also the order dated 28.04.2011 (Annex.5) whereby the Rajasthan Civil Services Appellate Tribunal ('the Tribunal') has rejected the appeal filed against the transfer order.2. It was submitted before the Tribunal on behalf of the petitioner that he was posted on the vacant post of Divisional Accountant in the Office of Executive Engineer, Public Health Engineering Department, Nagaur pursuant to the orders passed by a Division Bench of this Court on 10.08.2010, after taking his due consent on 16.09.2010 (Annex.2). The petitioner alleged that he has been transferred under the impugned order only in order to accommo...

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