CW / 2899 / 2024 (M/S GRAIN ENERGY PVT. LTD. VS THE DEPUTY COMMISSIONER) Date of Order/Judgment: 05/02/2025 Petitioner challenged the rejection of a refund claim for interest paid due to technical glitches in the Customs ECL system. HELD: Refund denial was inconsistent with Section 27 and Section 47 of the Customs Act, 1962. Technical issues persisted until 27.07.2023, as certified by D.G. Systems. Impugned order dated 21.11.2023 quashed; respondents directed to refund the interest amount within three months. Petition allowed.
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CRLMP / 5484 / 2024 (IRFAN VS STATE OF RAJASTHAN) Date of Order/Judgment: 29/01/2025 Petitioner challenged the order rejecting his request for a fresh forensic sample from the seized contraband in an NDPS case. HELD: The trial court's refusal violated principles of fair trial. In ensuring a fresh forensic examination, the prosecution’s burden to establish guilt beyond doubt is more effectively discharged. A fresh 10g sample to be drawn under judicial supervision and sent to FSL. The FSL directed to submit the report within 30 days. Impugned order quashed. Petition allowed.
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WCP / 732 / 2017 (M/S.ALOK CHITRA MANDIR, CHURU VS HEMANT JAIN) Date of Order/Judgment: 06/01/2025 Contempt Petition preferred alleging disobedience of the judgment passed by this court allowing the writ petition. HELD: Despite the recorded findings, the Dep. Comm. proceeded on to affirm the same order which is contemptuous. Purpose of contempt juris. is to uphold dignity of the Courts of law. However, the disobedience might be because of lack of understanding, taking a liberal view, and deems it appropriate to grant a chance to the resp. to rectify the order.
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CFA / 215 / 2023 (SUNIL VS OSTWAL PHOSCHEM (INDIA) LTD) Date of Order/Judgment: 06/01/2025 Appeal preferred against order passed by the ADJ No.3, Bhilwara, allowing the application under Order 7 Rule 11, CPC. HELD: The main relief as prayed for in the suit in question is for declaration of Khatedari rights and the relief for cancellation of sale deed is an ancillary relief. The finding as recorded by learned Trial Court is totally in consonance with law and does not deserve any interference. The order impugned does not deserve any interference. Appeal dismissed.
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CW / 16307 / 2024 (SHAMBOO SINGH VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 12/12/2024 Petitioner assailing the order issued by Distt. Education Officer placing the petitioner under suspension. HELD: Petitioner’s unruly behaviour cannot be tolerated in the name of freedom of expression. Petitioner’s engagement in political activities and his behaviour definitely falls within the scope of misconduct. The petitioner cannot use freedom to garner his fiefdom. To keep the society in order, self-restraint is necessary while respecting self-esteem of others. Petition dismissed
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CW / 14984 / 2013 (R MAGADAIAH EX CONSTABLE VS I G CRPF RAJ AND ANR) Date of Order/Judgment: 05/02/2025 Petitioner challenged the dismissal from service for unauthorized entry into a fellow constable’s residence. HELD: There must be fairness in all the administrative decisions. Punishment was disproportionate to the misconduct. Judicial review allows interference if penalty shocks conscience. Impugned dismissal order quashed; matter remitted to authority for reconsideration on punishment. Orders to be passed within three months. Petition partly allowed.
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CW / 7675 / 2002 (KAMAL SINGH VS STATE OF RAJ AND ORS) Date of Order/Judgment: 29/01/2025 Petitioner challenged compulsory retirement on account of negligence owing to which the accused in his custody had absconded. HELD: Appellate and Reviewing Authorities failed to provide reasoned orders rather decided in cursory manner leading to violation of principles of natural justice. Impugned orders quashed; matter remitted to Appellate Authority for fresh decision with due consideration and speaking order within three months. Petition disposed of. Not commented on the merits of the case.
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CW / 21135 / 2018 (BASANT RAM MAURYA SON OF LATE SH. JAI RAM MAURYA VS THE STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF FORESTS) Date of Order/Judgment: 28/01/2025 Petitioner sought release of gratuity post-acquittal in a corruption case which the authorities withheld only because the State has submitted an appeal against the acquittal. HELD: Mere filing of a criminal appeal against the judgment of acquittal cannot be treated as continuation of criminal trial. It does not justify withholding retiral benefits. Impugned action quashed; respondents directed to release gratuity with 9% interest within three months. Petition allowed.
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CW / 390 / 2008 (GOPAL RAM VS STATE OF RAJ AND ORS) Date of Order/Judgment: 28/01/2025 Petitioner challenged the penalty order imposing stoppage of two annual grade increments with cumulative effect under Rule 17 of the CCA Rules, 1958. HELD: The penalty was imposed without conducting an enquiry, violating principles of natural justice. The order was passed in a casual manner without application of mind. Impugned penalty order quashed. Respondents at liberty to conduct a fresh enquiry as per CCA Rules, 1958. Petition allowed.
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CW / 15018 / 2024 (DR. RACHITA MATHUR WIFE OF DR. RISHABH BHARGAWA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 10/01/2025 Pet. seeks to declare clause “Selection Procedure” under the head of “Other Details” as unconstitutional. HELD: Raj. Medical Service (Collegiate Branch) Rules,1962 regulate the conditions of recruitment for the Raj. Medical Services & the same are enforced & amended under consent of Governor. It is made unambiguous that the amendment to the Rules of 1962 shall have a retrospective effect. 10% weightage to the interview be applicable qua the selection process. Petition allowed.
