Rajasthan Court May 2007 Judgments
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Uma Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-2007
Reported in: 2007(2)WLN187
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to allow her to join the duty as Teacher Grade III at Government Girls Upper Primary School, Surawali, Panchayat Samiti, district Hanumangarh.2. Heard learned Counsel for the parties.3. Earlier the petitioner was transferred from Government Primary School, Jabla, Panchayat Samiti, Parbatsar, district Nagaur to Government Primary School Jandawall, vide order dt. 16.11.2005. However, vide order Annx.6 dt. 29.11.2005, the earlier transfer order dt. 16.11.2005 was modified and the petitioner was transferred from Government Upper Primary School, Jabla, Panchayat Samiti, Parbatsar, district Nagaur to the Government Girls Upper Primary School, Surawali, Panchayat Samiti, Hanumangarh, district Hanumangarh. The grievance of the petitioner is that in pursuance of the transfer order Annex.6, she wanted to join the duty at the Government Girls Upper Pri...
Madan Lal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-2007
Reported in: 2007(3)WLN198
Prem Shanker Asopa, J.1. By way of this writ petition the petitioner has prayed for an appropriate writ, order or direction to the respondents to appoint him on the post of Teacher Grade III with all consequential benefits.2. Facts, in brief, of the case, as per the petitioner, are that the petitioner was appointed on the post of Teacher on contract basis on 20.02.1990. However, his services were terminated by the Head Master, Primary School, Bhadkasli on 25.08.1990. For the services rendered by the petitioner up to 25.08.1990 experience certificate (Annex. 6) was issued to the petitioner. When the petitioner came to know that appointments on the post of Teacher Grade III were being given to those who have already worked on contract basis on the post of Teacher, he submitted an application on 25.10.2001 but the same was rejected on the ground that the salary certificate was not attached with the application.3. The stand taken by the respondents in their reply to the writ petition is th...
Basti Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-10-2007
Reported in: 2007CriLJ3359; RLW2007(1)Raj241A; 2006(4)WLC662
Shiv Kumar Sharma, J.1. This appeal owes its origin in the judgment dated January 27, 2006 of learned Additional Sessions Judge No. 2, Kishangarh Bas District Alwar, whereby the appellants have been convicted and sentenced as under:Vikram & Ajeet Kumar:Under Section 323 IPC:Both to suffer simple imprisonment for three months.Under Section 324 IPC:Both to suffer simple imprisonment for one year.Under Section 307/34 IPC:Both to suffer simple imprisonment for seven years and fine of Rs. 5000/-, in default to further suffer imprisonment for one year.Basti Ram:Under Section 323 IPC:To suffer simple imprisonment for three months.Under Section 324 IPC:To suffer simple imprisonment for one year.Under Section 307 IPC:To suffer simple imprisonment for seven years and fine of Rs. 5000/-, in default to further suffer imprisonment for one year.The substantive sentences were ordered to run concurrently.2. It is the prosecution case that informant Sube Singh (PW.8) submitted a written report (Ex. P-7...
Abdul Rehman and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-10-2007
Reported in: RLW2007(4)Raj3418
Krishan Kumar Acharya, J.1. By this misc. petition under Section 482 Cr.P.C, the petitioners are challenging the order of learned Additional Chief Judicial Magistrate, Kapasan dated 13.6.2006 whereby learned Magistrate has declared the petitioners as absconder and also initiated proceedings under Sections 82 and 83 Cr.P.C.2. It is alleged that accused were not appearing before the trial court since 6.12.2005 and it was reported in the warrant of arrest that they were not present on their residence and went out for marriage purposes. On this count, accused were declared absconder. It is contended by learned Counsel for the petitioners that before declaring the petitioners as absconder, it is mandatory to record the statement of the process server but learned Magistrate without recording the statement of process server has initiated proceedings under Section 299 Cr.P.C. declaring the petitioners absconder and also initiated proceedings under Section 82 and 83 Cr.P.C and 446 Cr.P.C. A war...
Munna Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-10-2007
Reported in: RLW2008(1)Raj923
Guman Singh, J.1. This appeal has been preferred against the Judgment dated 25.9.2004 passed by Additional Sessions Judge (Fast Track), Karauli, in Sessions Case No. 16/2004 State of Rajasthan v. Munna, whereby the appellant was convicted and sentenced for offence Under Section 302 of the Indian Penal Code and to suffer imprisonment for life with a fine of Rs. 2000/- in default to further undergo simple imprisonment for three months.2. It is the prosecution case that informant Hari reached Police Sapotara at about 3 p.m. on 10.8.2000 and submitted a written report (Ex. P. 1) to the effect that on the date of incident at about 9 a.m. he along with his brother Ramli alias Ram Lal and Ramkesh were grazing their bufallows in the pasture land of Gazupura. Then Munna, Gulab, Kanhaiya, Ramdayal, Prathvi and Giriraj Meena, all residents of Gazupura, armed with lathi and Kulhari (axe) came abusing and asked as to why they were grazing bufallows in the pasture land. In the attack, Munna inflicte...
Meenaxi Bhati (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-10-2007
Reported in: 2007(2)WLN219
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of order dt. 30.10.2001Annex.-8 and directions to the respondent to extend the benefits of maternity leave and other benefits to the petitioner.2. I have heard learned Counsel for the parties.3. The facts giving rise to the instant writ petition are that the respondents issued an advertisment date 31.07.2003 Annex.-1 inviting the applications for the post of Nurse Gr.II contract consolidated salary. The petitioner holding qualification of Senior Secondary and diploma course of General Nursing and Midwifery from Mahatma Gandhi Hospital, Jodhpur, applied for the post of Nurse Gr. II contract consolidated salary in pursuance of Annex.-1. After due selection procedure as provided under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short 'the Rules 1965' hereinafter). the petitioner was selected and appointed on the said post on contract basis ...
Dr. K. Shringi Vs. Nuclear Power Corp. of India Ltd. and ors.
Court: Rajasthan
Decided on: May-10-2007
Reported in: 2007(3)WLN364
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx. 14 dt. 04.08.2006 with the consequential benefits.2. The facts and circumstances giving rise to the instant writ petition are that the petitioner was initially appointed in the Department of Atomic Energy Dr. K. Shringi v. Nuclear Power Corp. of India of Government of India on 19.03.1974 and since then he has been working with the said department. The respondent Nuclear Power Corporation of India Ltd. (for short, 'the NPCIL' hereinafter) is a Government of India Enterprise and thus amenable to writ jurisdiction being a 'State' within the meaning of Article 12 of the Constitution of India. The NPCIL is having a Unit in Rajasthan known as Rajasthan Atomic Power Site (for short, 'the RAPS' hereinafter) and the petitioner has been posted in the hospital of the respondents situated in Bhabha Nagar, Kota and had been working as Medical Superintendent...
Beerbal Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-10-2007
Reported in: 2007(2)WLN1
H.R. Panwar, J.1. By the instant writ petition under Art. 226 of the Constitution of India, the petitioner seeks quashing of order Annex.-1 dt. 01.08.2003 terminating his services.2. I have heard learned Counsel for the parties.3. Facts giving rise to the instant writ petition are that the petitioner along with some others were put to trial for the offence under Section 302/149 I.P.C. The petitioner was convicted by the judgment and order dt. 25.07.2003 passed by Session Judge, Jaisalmer in Sessions Case No. 139/2000. On the petitioner having been convicted, he was removed from service vide Annex.- 1 dt. 01.08.2003. The order Annex.-1 is based on the ground that the petitioner has been convicted by the Sessions Judge, Jaisalmer in the aforesaid case.4. The petitioner preferred an appeal being D.B.Cr. Appeal No. 931/2003, Beerbal Khan v. State of Rajasthan before a Division Bench of this Court. The Division Bench of this Court vide judgment and order dt. 22.05.2006, allowed the appeal f...
Purnima Rani Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-10-2007
Reported in: 2007(3)WLN140
H.R. Panwar, J.1. Both these writ petitions involve identical questions of law and facts and, therefore, with the consent of learned Counsel for the parties, they are being heard and decided by a common order.2. In both these writ petitions, the petitioners seek a direction to the respondents to consider their case for the post of Senior Teacher according to their merit and to issue the appointment orders.3. The facts and circumstances giving rise to SBCWP No. 5977/2003 filed by petitioner Poornima Rani are that the petitioner claims herself to be a member of Other Backward Class having the qualification of B.A. from J.N.V. University, Jodhpur. On inviting applications by the respondents for the post of Senior Teacher vide advertisement dt. 18.08.2003, she applied for the post in question. The respondents has shown the total percentage of marks of petitioner Poornima Rani as 79% in the provisional seniority list but later on it was reduced to 74.06%. Petitioner's case is that as per th...
Tara Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2007CriLJ3047; RLW2008(2)Raj1013
ORDERDalip Singh, J.1. This is an application under Section 438. Cr.P.C. filed by the petitioner who has contended that he is a juvenile as defined under the Juvenile Justice (Care and Protection of Children) Act, 2000 against whom a case under Sections 341, 354, IPC and under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 has been registered.2. It is contended that Special Judge while dealing with the bail application under Section 438, Cr. PC. in the order dated 1-5-2007 in para 6 has noticed the fact that the dale of birth of the accused petitioner, as per the certificate of the school is 1-2-1990, according to which the accused petitioner is below 18 years of age and, there fore, a juvenile, as defined under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000.3. In the facts and circumstances, therefore, it is submitted that under Sub-section (2) of Section 6 of the Juvenile Justice (Care and Prote...
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