Court : Rajasthan Jodhpur
S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. Along-with connected 5 writ petitions Order dated 14/05/2014 1/16 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER (1) S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. & (2) S.B. Civil Writ Petition No.10567/2012 Heera Ram Vs. State of Rajasthan & Ors. & (3) S.B. Civil Writ Petition No.11752/2012 Parmeshwar Patidar Vs. State of Rajasthan & Ors. & (4) S.B. Civil Writ Petition No.11764/2012 Bheemraj Maida Vs. State of Rajasthan & Ors. & (5) S.B. Civil Writ Petition No.341/2013 Vinod Kumar Vs. State of Rajasthan & Ors. & (6) S.B. Civil Writ Petition No.527/2013 Rakesh Kumar Vs. State of Rajasthan & Ors. Date of Order ::::14. h May, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI REPORTABLE Appearance: Mr. Devesh Bohra, for the petitioners. Mr. B.L. Bhati, Govt. Counsel. -- BY THE COURT:1. These writ petitions involving similar controversy are being d...
Tag this Judgment!Court : Rajasthan Jodhpur
S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. Along-with connected 5 writ petitions Order dated 14/05/2014 1/16 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER (1) S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. & (2) S.B. Civil Writ Petition No.10567/2012 Heera Ram Vs. State of Rajasthan & Ors. & (3) S.B. Civil Writ Petition No.11752/2012 Parmeshwar Patidar Vs. State of Rajasthan & Ors. & (4) S.B. Civil Writ Petition No.11764/2012 Bheemraj Maida Vs. State of Rajasthan & Ors. & (5) S.B. Civil Writ Petition No.341/2013 Vinod Kumar Vs. State of Rajasthan & Ors. & (6) S.B. Civil Writ Petition No.527/2013 Rakesh Kumar Vs. State of Rajasthan & Ors. Date of Order ::::14. h May, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI REPORTABLE Appearance: Mr. Devesh Bohra, for the petitioners. Mr. B.L. Bhati, Govt. Counsel. -- BY THE COURT:1. These writ petitions involving similar controversy are being d...
Tag this Judgment!Court : Rajasthan Jodhpur
S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. Along-with connected 5 writ petitions Order dated 14/05/2014 1/16 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER (1) S.B. Civil Writ Petition No.1460/2013 Sandeep Kumar Babal Vs. State of Rajasthan & Ors. & (2) S.B. Civil Writ Petition No.10567/2012 Heera Ram Vs. State of Rajasthan & Ors. & (3) S.B. Civil Writ Petition No.11752/2012 Parmeshwar Patidar Vs. State of Rajasthan & Ors. & (4) S.B. Civil Writ Petition No.11764/2012 Bheemraj Maida Vs. State of Rajasthan & Ors. & (5) S.B. Civil Writ Petition No.341/2013 Vinod Kumar Vs. State of Rajasthan & Ors. & (6) S.B. Civil Writ Petition No.527/2013 Rakesh Kumar Vs. State of Rajasthan & Ors. Date of Order ::::14. h May, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI REPORTABLE Appearance: Mr. Devesh Bohra, for the petitioners. Mr. B.L. Bhati, Govt. Counsel. -- BY THE COURT:1. These writ petitions involving similar controversy are being d...
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the division bench was not required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. the directions in the order of supreme court dated 14.7.2006, which had not set aside the ..... of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected by the state of rajasthan. ..... petitioners and learned counsel appearing for the respondents. in all these writ petitions, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, the act) has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... observed that same should be passed after taking into consideration the gravity and seriousness of the offence, holding a preliminary enquiry, if possible and such an administrative act should be free from arbitrariness. it should be bonafide and in public interest. para 32 of the said judgment reads thus:- the principles of law enunciated ..... hereinabove show that the every governmental action including purely administrative acts have to be free from arbitrariness. wherever, the order is made by a public authority affecting a member of public (he may be a government employee). ..... the employee, its gravity and seriousness, the record of 5 the government servant and the likely impact on service or the public interest of the alleged act of delinquency of the employee. the power of suspension cannot be exercised as a matter of course. no unfettered discretion is vested with the competent authority .....
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