Rajasthan Court December 2000 Judgments
Ram Chandra Vs. Jai NaraIn Vyas University, Jodhpur
Court: Rajasthan
Decided on: Dec-20-2000
Reported in: 2001(2)WLN43
ORDERShethna, J.(1). This writ petition was filed by original petitioner Ram Chandra, who was class IV employee of the respondent University. He worked with the University from 3.6.1963 upto 21.2.1986, the date on which his services were lerminated by the impugned order at Annex. 4. Before termination, he was placed under suspension by an order dated 30.1.1984. Thereafter, he was served with show cause notice dated 12.3.1985, which was replied by the original petitioner and after considering the same, by the impugned order dated 21.2.1986 (Annex. 4) his services were terminated.(2). Almost for the identical charges of petty theft of supplementary, a criminal case was also filed againsl him, which was registered as criminal case no. 185/84 for the offences punishable u/S. 380, 420 and 465 I.P.C. Unfortunately, as usual, there was a gross delay of ten years in conclusion of that criminal case, which resulted into the order of acquittal dated 19.8.94 passed by the learned Additional Chief...
Tag this Judgment!Suresh Swami and ors. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-20-2000
Reported in: 2007(2)WLN389
Rajesh Balia, J.1. Since all these six writ petitions raise common questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.2. The petitioners have challenged the legality of the order dated 17.8.2000, passed by the Director, College Education, Govt. of Rajasthan, Jaipur whereby directions have been given for the amendment of the constitution of Students Unions of the Govt. colleges or private colleges whether affiliated or not affiliated with the Universities; or whether receiving grant-in-aid or not receiving grant-in-aid, from the State Govt.3. The order dated 17.8.2000 specifically provides that in order to bring reforms in the process of election of Students Unions, the Chancellor Co-ordination Committee and the State Govt. have decided to amend the Constitution of the Students Unions of the colleges governing their colleges. These writ petitions have been filed by the aspirants, who wanted to contest the elections of the Stud...
Tag this Judgment!Jamna Devi Vs. District Election Officer (District Collector), Sikar a ...
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(1)WLC389
ORDERLakshmanan, CJ.(1). The appellant filed a writ petition before this Court challenging the election of respondent No. 3 on the post of Sarpanch, Gram Panchayat, Hanspur, Panchayat Samiti Sri Madhopur, District - Sikar, on the ground of fundamental deficiencies in election procedure and the illegality committed by the Returning Officer. The writ petition was dismissed on 1.8.2000 by the learned Single Judge, onthe ground that it is not maintainable in terms of Section 243(O)(B) of the Rajasthan Panchayati Raj Act in as much as the election of the Sarpanch can only be challenged by filing an Election Petition and the same is also provided under Article 243(o)(B) of the Constitution of India. Being aggrieved the appellant has filed this Special Appeal.(2). We have heard Shri Sriram Yadav, learned counsel for the appellant.(3). The learned counsel submitted that the election of the respondent No. 3 on the post of Sarpanch was challenged on the ground that the result of the election has...
Tag this Judgment!State of Rajasthan Vs. Rajasthan Civil Services Appellate Tribunal, Ja ...
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2000WLC(Raj)UC144
ORDERLakshmanan, CJ.(1). Heard the learned counsel for both the parties.(2). State of Rajasthan through Director of Technical Education has filed the above noted appeal against the order dated 20.1.2000 passed by the learned Single Judge of this court.(3). We have perused the entire pleadings and the orders passed by the Tribunal as well as by this Court.(4). This case has a checkered history. Respondent No. 2 Prakash Chand Verma was appointed as Instructor of English Stenography vide order dated 1.1.1975 on ad-hoc basis in the grade of Rs. 200-450. After some time in the year 1978 he was regularly appointed as Instructor English Stenography by an order dated 7.9.1978 in the grade of Rs. 500-890. In the year 1982 respondent No. 2 has filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur, which was duly registered as Case No. 78/82 with the prayer that the order dated 23/28.1.1982 be quashed and set aside and the appellant herein be ordered to fix the salary of ...
Tag this Judgment!Sunil Kumar Vs. Union of India and ors
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(3)WLN177
ORDERLakshmanan, CJ. 1. Heard Mr. P.C. Verma, learned counsel for the petitioner. This writ petition is filed by the petitioner to consider his case for appointment on compassionate ground in place, of his late brother, who was working as Operator in the Telecommunication department at Bharatpur on substantive post. He died on 20th of July, 1991. He was unmarried. The petitioner claims that he is the dependent upon his brother's income. The petitioner applied for appointment on compassionate ground which was turned down by the Assistant General Manager vide his order dated 6th of January, 1995 (Annexure 1). Again he made a further request which was also not entertained by the respondent and by order dated 30th March, 1995, the request was turned down. He filed the Original Application No. 303/2000, before the Central Administrative Tribunal, Jaipur, which was dismissed on 5th September, 2000. Aggrieved by the order dated 51h September, 2000, the present writ petition has been filed. (2...
Tag this Judgment!Principal Doongar College, Bikaner Vs. Mohd. Ali
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(4)WLC495; 2001(3)WLN420
ORDERBalia, J.(1). Heard learned counsel for the parties. Matter has come up for orders on application moved by the learned counsel for the respondent for clarification of the order passed on application under Section 17-B of the Industrial Disputes Act, regarding payment to be made to the respondent who has been reinstated, after order dated 11.5.1995, was made by the Court directing the petitioner to pay last drawn wages to workman in terms of section 17-B of the Act.(2). However, at the request of learned Counsel for the parties, the petition itself has been heard.(3). The respondent-Mohammed Ali, who was employed as a Pump Driver on 14.9.88 on daily wages of Rs. 25/-per day, aggrieved with termination of his service on 1.7.90, raised an industrial dispute. The said workman was employed by the Principal Dungar College, Bikaner, for discharing the duties of the College. However, he was being paid from the Students Funds.(4). Two fold arguments have been raised : firstly : he has volu...
Tag this Judgment!Anita Chopra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(4)WLC313; 2001(2)WLN213
ORDERBalia, J.(1). Heard learned counsel for the parties.(2). Petitioner challenges that in the selection held in pursuance of advertisement published in Rajasthan Patrika dated 24th June, 1998 for the post of Teacher Gr. III alongwith other posts, the petitioner being eligible for the post had applied for the post and she was selected and placed in the order of merit at Serial No. 1801 initially and later on it was altered to 1802 by order dated 17.3.1999 (Annex. 4).(3). The complaint of the petitioner is that notwithstanding that she stood higher in order of merit, the persons below in order of merit have been given appointment but the petitioner has not been offered appointment in pursuance of very same selection. Referring to the case of Saroj, Urmila, Geeta and Geeta who were placed in the merit list at No. 1866, 1871, 1874, 1887 who are respondents No. 3 to 6 in this petition, it is contended that her fundamental rights under Article 14 & 16 have been violated. These facts are no...
Tag this Judgment!Chandra Shekhar Dave Vs. Administrator General of the State of Rajasth ...
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: AIR2001Raj166; 2001(4)WLC673; 2001(3)WLN331
ORDERGarg, J.(1). This special appeal u/S. 18 of the Rajasthan High Court Ordinance has been preferred by the appellant- petitioner against the order dated 16.10.2000 passed by the learned Single' Judge of this Court in S.B. Civil Misc. Petition No. 50/98, by which the learned Single Judge dismissed the application of the appellant-petitioner u/S. 10 of the Administrators-General Act, 1963 (hereinafter referred to as 'the Act of 1963').(2). The necessary facts giving rise to this special appeal are as following:-The appellant-petitioner filed an application u/S. 10 of the Act of 1963 before this Court on 23.3.1998, which was registered as 5.13. Civil Misc. Petition No. 50/98, inter-alia stating that appellant-petitioner's father Shreekrishan Dave (Hereinafter referred to as the deceased) was residing al Pali in Ihe ancesiral house. The appellant-petitioner has been in service in the Rajasthan Financial Corporation and was posted at Jodhpur since 1984 and the wife of Ihe deceased was al...
Tag this Judgment!Deepak Soni Vs. Rajasthan Finance Co. Corporation and ors.
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(2)WLC525; 2001(3)WLN611
ORDERPalshlkar, J.(1). By this petition the petitioner who is an industrial enter-prauner has claimed the following reliefs:PRAYERS 'I/a' it be declared that modified Agreement dated 12.03.92 (An-nex. 4) is illegal and the same be quashed; 'l/b' In the alternative and without prejudice it is submitted that it be declared that Respondents are not entitled to charge revised rate of interest of 18.75% p.a. from the petitioner on the entire loan disbursed to him. 'I/c' Alternatively and without prejudice if it is found that petitioner is not entitled to aforesaid reliefs then it be declared that Respondents can charge increased rate of interest @ 18.75% p.a. only of the third installment and not on the 1st and 2nd installments. 'I/d' the amount realised from the petitioner in excess of the amount payable by calculating interest @ 14.5% may be ordered to be refunded to the petitioner with interest @ 18% p.a.' (2). Prayer I/a relates to the claim of declaration that the modified agreement d...
Tag this Judgment!Smt. Parvati Devi Vs. Churu Kraya Vikraya Sahakari Samiti Ltd. and ors ...
Court: Rajasthan
Decided on: Dec-19-2000
Reported in: 2001(4)WLC539; 2001(2)WLN54
ORDERBalia, J. (1). Heard learned counsel for the parties. (2). Petitioners, who are the legal representatives of deceased Kurda Ram, challenge the orders Annex. 4 & 5 passed against Kurda Ram. The petitioners also challenge the validity of the orders on the ground that the provisions of Sec. 118 of the Co-opera-live Societies Act are ultra vires. However, in the facts and circumstances of the case, I am of the opinion that it is not open for the petitioners to challenge the validity of the orders Annex. 4 & 5 with reference to constitutional validity of the provisions. (3). Kurda Ram, who was Member of the Churu Co-operative Marketing Society, was charged with misappropriation of funds of the Society. The amount which was alleged to have been misappropriated and misused was principal sum of Rs. 17,649.03 ps., the interest thereon upto 26th Feb., 1976 Rs. 9, 178 and costs Rs. 407,41 totally to Rs. 27,234.44. This amount was found to have been the loss caused to the society on account o...
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