CW / 17915 / 2019 (JOTA RAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/05/2023 Disciplinary proceedings were initiated against petitioner during his tenure as Patwari. Pending such proceedings, DPC’s considered case for promotion for 1999-00. Petitioner was granted promotion in 2014 against vacancies of 2008-09. Held; petitioner was promoted against vacancy year 2008-09, unamended Rule 171-A of Rules, 1957 should apply. Directed after correction of seniority list, petitioner shall be conferred all consequential benefits, including promotion. Petition disposed.
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CW / 15517 / 2022 (BHAGWAN SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 16/05/2023 Petition assailing order of Exec. Dir., RSRTC Ltd. Jaipur, denying petitioners retiral benefits due to incomplete qualifying service on application of voluntary retirement. Held; Regulation 18(D)(2) of Orders, 1965 shows that employee who completes 20yrs of service or attains age of 45yrs, thereafter can seek voluntary retirement. Hence, service period of daily wages basis rendered by petitioner must considered for computation of period of 20yrs for granting retiral benefits.Petition allowed.
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CRLAS / 51 / 2023 (YOGENDRA SINGH NEGI VS STATE OF RAJASTHAN) Date of Order/Judgment: 16/05/2023 Appellant being a doctor in Govt. hospital, in an inebriated state driven his car on road inside hospital in which he worked, resulting in death of a person and pregnant woman’s miscarriage filed bail application. Held; appellant being a doctor by profession, was well aware of consequences of driving a car in an inebriated state under influence of liquor, incidents of speeding and drunken driving are major contributing factors in road accidents. Bail application rejected
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CW / 7131 / 2022 (MANISH VS RAJ KUMAR) Date of Order/Judgment: 16/05/2023 Petition assailing order of Ld. Rent Tribunal, Churu rejecting impleadment application U/S 21 of RC Act, 2001 R/W O1 R10 C.P.C.Held;Ld. Tribunal committed no error in rejecting application Impleadment of any third party in case pertaining to dispute between landlord and tenant is not permissible under law. Question of title to suit premises is not germane for decision of eviction suit.No person can compel plaintiff to allow such person to become co-plaintiff/defendant in suit.Petition dismissed.
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CW / 7133 / 2022 (MANISH VS BHARAT KUMAR) Date of Order/Judgment: 16/05/2023 Petition assailing order of Ld. Rent Tribunal, Churu rejecting impleadment application U/S 21 of RC Act, 2001 R/W O1 R10 C.P.C.Held;Ld. Tribunal committed no error in rejecting application Impleadment of any third party in case pertaining to dispute between landlord and tenant is not permissible under law. Question of title to suit premises is not germane for decision of eviction suit.No person can compel plaintiff to allow such person to become co-plaintiff/defendant in suit.Petition dismissed.
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CW / 14044 / 2021 (CHINDER PAL SINGH S/O BALJEET SINGH VS THE CHIEF SECRETARY) Date of Order/Judgment: 25/05/2023 Petitioner suffering from gender identity disorder and undergone Sex Reassignment Surgery. Petitioner applied for changing name and gender in service record but even after 3 yrs changes were not been made. Held; Transgender Persons (PR) Act, 2019 is social beneficial legislation recognizing rights of transgender persons to live life with dignity, prohibiting discrimination against them. Denial of petitioner's request would violate their FR U/A 14, 21 of Constitution. Petition disposed.
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CW / 7767 / 2020 (KEDAR LAL GUPTA S/O LATE SHRI JAMUNA LAL GUPTA VS STATE OF RAJASTHAN) Date of Order/Judgment: 17/05/2023 In spite of recommendations of Selection Committee,State Govt. has not appointed petitioner as Judicial Member of RSCDR Commission. Held; State Govt. has power subject to constitutional limitations to prevent abuses of power to accept/reject recommendations of Selection Committee.Any exercise of discretionary power must be based on relevant, objective criteria rather than on personal biases.Directed respondents for petitioners’ appointment on said post, if he is found suitable.Petition allowed.
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CRLMP / 7565 / 2022 (DHARMENDRA KUMAR, SON OF HARILAL YADAV, VS SHARVAN KUMAR CHOPRA,) Date of Order/Judgment: 10/05/2023 Petitioner challenging order of cognizance and summoning accused passed in complaint case U/S 138 N.I. Act by Ld. Sp. MM (N.I. Act) No.12, Jaipur-II. Held; co-accused issued cheques on company’s behalf and company has not denied this fact, company with its responsible office bearers should be prosecuted. No specific role was assigned to petitioner, some other co-accused was holding MD post, criminal prosecution of petitioner would be an abuse of process of law. Petition partly allowed.
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HC / 15 / 2023 (MAHENDRA SON OF SHRI SHYORAM @ SHIVRAM VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 08/05/2023 Petitioner assailing order of preventive detention of Dist. Mag., Sikar approved by State Govt. and Advisory Board. Petitioner detained for 1yr based on involvement in heinous offences, and multiple criminal cases are pending. Held; there was no violation of provisions of Sec.10, 11 of RPA-SA Act, 2006, Advisory Board had considered case of petitioner within specified period, as number of cases pending against petitioner was sufficient to make case of preventive detention. Petition dismissed.
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CW / 18478 / 2011 (MAHESHWARI PUBLICE SCHOOL VS RAN NON GOV EDUCATION TRI ORS) Date of Order/Judgment: 03/05/2023 Petition assailing judgment of RN-GEI Tribunal, Jaipur allowing appeal U/S 19 of RN-GEI Act, 1989 quashing termination order directing petitioner Institution to reinstate respondent back in service with all consequential benefits. Held; mere sending intimation/information to Dist. Edu. Off. about termination of respondent is not sufficient compliance of Sec.18 of Act, 1989 and R 39 of Rules, 1993 and no consent has been given by competent authority as per mandate of provisions.Petition dismissed
