Rajasthan Court March 2010 Judgments

Ramesh Ukawat Vs. Mohan Lal Sukhadia University and anr.

Court: Rajasthan

Dinesh Maheshwari, J.1. This intra-court appeal is directed against the order dated 04.01.2001 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 88/1999) preferred by the petitioner-appellant seeking directions against the respondent- University to continue with his ad hoc appointment on the post of Assistant Professor in Rajasthani Department.2. The petitioner-appellant filed the writ petition aforesaid with the averments that after having taken Masters Degree in Rajasthani in the year 1989, he had qualified the National Eligibility Test and was pursuing his Ph.D. course; that after having applied pursuant to an advertisement issued by the respondent University on 14.09.1991, he was selected by the Screening Committee and was appointed as Assistant Professor (Rajasthani) on ad hoc basis by the order dated 02.01.1992; that though the initial appointment was effective until 06.05.1992 but thereafter, the period was extended from time to time by furt...

Union of India (Uoi) and ors. Vs. Mandal Vyas and ors.

Court: Rajasthan

Vyas Gopal Krishan Vyas, J.1. In this writ petition, the petitioners Union of India through the Secretary, Ministry of Communication, New Delhi and other officers of the department are challenging the order dated 26.09.2008 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 172/2003, whereby the learned Tribunal while disposing of the Original Application has passed the following order:In view of the above discussion, and as the family is facing financial hardship, the respondents are directed to reconsider this case and convert the penalty of dismissal into compulsory retirement. The wife of the deceased government servant may be sanctioned family pension, as per rules, from the date of death of the late Shyam Sundar Vyas. The above exercise may be completed within a period of four months from the date of receipt of a copy of this order. This decision cannot be quoted as precedent since this decision would be applicable to the facts of th...

Hanumana Ram Vs. State of Rajasthan and anr.

Court: Rajasthan

Dinesh Maheshwari, J.1. This special appeal is directed against the order dated 29.05.1997 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 1814/1992) filed by the petitioner-appellant against the orders dated 12.06.1991 and 03.01.1992 passed respectively by the Disciplinary Authority and the Appellate Authority.2. Briefly put, the relevant facts and background aspects of the matter are that the appellant Hanumana Ram, while working as constable with the respondents, was served with a memorandum alongwith charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on the allegations: (i) that he was a habitual absentee and was earlier dismissed from services on 31.03.1983 but was reinstated on 21.11.1986 while withholding one annual grade increment with cumulative effect; (ii) that he was not attentive to the duties and in about 81/2 years of service, remained absent 40 times and presented himself to t...

Rakesh Kumar Vs. Uco Bank and ors.

Court: Rajasthan

Dinesh Maheshwari, J.1. By way of this Special Appeal, the petitioner-appellant seeks to question the order dated 15th September 2008 as passed in S.B. Civil Writ Petition No. 6671/2008, whereby the learned Single Judge of this Court declined to grant relief to the appellant on his claim for compassionate appointment and his challenge to the validity of Clause (a) of paragraph 7 of the Scheme for Recruitment of Dependents of Deceased Employees on Compassionate Grounds {'the Scheme' hereinafter} as adopted by the respondent-UCO Bank.2. The provisions contained in the aforesaid Clause (a) of paragraph 7 of the Scheme prescribe that the dependents of the employees who die after attaining the age of 55 years are not eligible for compassionate appointment/payment of lump sum.3. The learned Single Judge considered the fact situation of the present case where the petitioner-appellant, a person in about 34 years of age, was claiming appointment on compassionate grounds, as being the son of lat...

Rana Ram and ors. Vs. State and ors.

Court: Rajasthan

Prakash Tatia, J.1. S/Sh. Hemant Dutt, NR Choudhary, Farzand Ali, CS Nandora, BS Kohinoor, Mukesh Rajpurohit, Parmendra Bohra, PR Mehta, AD Charan, PS chundawat, AK Choudhary, HS Sidhu, Arjun Purohit, MS Godara, DK Gaur, SP Sharma, MA Siddiqui, Kamal Dave, Rajesh Choudhary, Kuldeep Mathur, Rakesh Arora, RC Jodhi, Sambhoo Singh, Vijay Raj Bishnoi, Sandeep Saruparia, Kailash Khatri, Mahendra Bishnoi, Rajesh Shah, RS Choudhary, Rakesh Matoriya, Arujun Purohit, Ravindra Singh, SR Bamaniya, Vineet Sanadaya, Moti Singh, TS Champawat, Mahendra Trivedi, Bharat Devasi, Suman Porwal, Rajeet Joshi, Kuldeep Mathur, PP Choudhary, P. Nayak, BS Deora, Yogesh Sharma, IJ Yadav, BL Choudhary, RS Chuahan, Sunil Beniwal, KC Choudhary, PS Bhati, BK Vyas, Harish Purohit, GJ Gupta, RJ Punia, Rohitash Singh, MP Choudhary, Manish Pithalia, KC Choudhary, Vinay Jain, Manoj Joshi, HS Choudhary, RP Singaria, Pradeep Shah, Pukhraj Choudhary, Arjun Purohit, VK Sharma, Brijesh Pareek, Rajat Dave, Anurag Sukhala, CS K...

Lakhma Vs. State of Rajasthan

Court: Rajasthan

Govind Mathur, J.1. By the judgment impugned dated 12.2.2004, learned Additional Sessions Judge (Fast Track) No. 1, Udaipur recorded conviction against accused appellant Lakhma for the offences punishable under Sections 452, 323, 341, 336, 427, 302/34 Indian Penal Code and sentenced as under:Section 452 IPC : One year's rigorous imprisonment with a fine of Rs. 100/- and in default of which to further undergo 15 days rigorous imprisonment; Section 323 IPC : Three months' rigorous imprisonment; Section 341 IPC : One month's simple imprisonment; Section 336 IPC : One month's simple imprisonment; Section 427 IPC : Three months' rigorous imprisonment; and Section 302/34 IPC : Life imprisonment with a fine of Rs. 1000/- and in default of which to further undergo six months' rigorous imprisonment. 2. As per prosecution case, on 20.2.2002, complainant Manna son of Lala Gameti, submitted a first information report Ex.P/58 at police station Gogunda stating therein that on 19.2.2002 at about 08:0...

Ajmer Vidhyut Vitran Nigam Ltd. and anr. Vs. Bhanwar Lal and anr.

Court: Rajasthan

Prakash Tatia, J.1. Heard learned Counsel for the petitioners.2. The petitioners are aggrieved against the award dated 27.10.2009 by which the Labour Court, after taking on record the legal representatives of deceased employee Bhanwar Lal, held that the removal of the deceased employee from service vide order dated 6.10.2004 was not legal and since the employee has already died, therefore, awarded Rs. 35,000/- as compensation. While doing so, the Labour Court also observed that whatever benefit accrued in favour of the deceased employee while he was in service in accordance with the Rules, those benefits will be given to the dependents/ legal heirs of the deceased employee.3. Learned Counsel for the petitioners submitted that the employee was initially convicted under Section 304 IPC, however, that conviction was altered to Section 304A IPC and in view of the fact that his conviction was maintained, therefore, the order of the Labour Court is illegal. It is also submitted that some oth...

K.C. Mathur Vs. Rajasthan State Electricity Board and anr.

Court: Rajasthan

Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The petitioner was working on the post of Assistant Engineer & T.A. To Executive Engineer City-I, Rajasthan State Electricity Board (RSEB) in 1993. According to the petitioner, in 1993, he suffered serious illness which was later discovered as Chronic Gastritis Cervical L.N. Tuberculosis. Due to that reason, the petitioner was bedridden and was taken to Mumbai also. According to the petitioner, he applied for leave on medical grounds from 17.12.1992 to 21.7.1993. Copy of leave application has been placed on record as Annex. 1. Said leave application of the petitioner was processed by the RSEB and was sent to the Accounts Officer (EA) and the leave application was duly recommended by the Executive Engineer, City-I vide letter dated 18.6.1994. According to the petitioner, the Superintending Engineer was the competent authority to sanction the leave and he passed the order sanctioning leave of the petitioner and copy of that ord...

Kalu @ Kaliya and anr. Vs. State of Rajasthan

Court: Rajasthan

Govind Mathur, J.1. Kalu @ Kaliya and Prabhu @ Prabhulal have preferred this appeal against their conviction under Section 302 read with 34 Indian Penal Code and sentenced to life imprisonment under judgment and order dated 28.11.2002 passed by learned Additional Sessions Judge (Fast Track), Dungarpur.2. The prosecution case in brief is that on 27.6.2002 one Haja submitted a written report at police station Dhambola with assertion that his father Kalji aged 50 years went to Karawada on 26.6.2002 for getting 'kos' sharpen. He did not return upto 10:00 AM of the next day, therefore, he made search during which Deva son of Dhula Rot informed that Kalji was coming in night while carrying iron 'kos' in his hands. On making further search dead body of Kalji was found in the premises of Aanganwari school.3. On basis of the first information report, a case was registered and after usual investigation accused appellants were charge sheeted, committed to the court of Sessions and tried. They ple...

State of Rajasthan Vs. Athik Mohammad

Court: Rajasthan

Reported in: RLW2010(2)Raj1162

Narendra Kumar Jain, J.1. Heard the learned Public Prosecutor as well as the learned Counsel for the complainant.2. Both cases arise out of same F.I.R. (Ex.P1) and are directed against common order dated 16th September, 1982 passed by the Sessions Judge, Jaipur City, Jaipur in Sessions Case No. 59/82, therefore, they are being disposed of by this common judgment.3. The prosecution case commenced on the basis of oral report registered as FIR No. 74/82 lodged by P.W.1 Gafur Khan S/o Chand Khan at Police Station, Ramganj, Jaipur. Initially case Under Sections 307 & 324 I.P.C. was registered and after the injured Anwar succumbed to the injuries offence Under Section 307 IPC was converted into Section 302 I.P.C. The police arrested the accused and after completion of the investigation filed the challan against the accused-respondent Athik Mohammad for the offence Under Section 302 I.P.C. The case was committed for trial to the court of Sessions Judge. The trial court framed charge against t...