Court : Rajasthan
Reported in : 2002(1)WLN252
..... passed on 2.8.85 and ultimately vide order dated 20.7.88 (annex.1) this court disposed of the said writ petition quashing the first trial proceedings including the order dated 2.8.1985 by which the petitioner had been dismissed from service and issued directions to the respondents to accord the petitioner an opportunity to seek assistance of a lawyer nominated by him and also to cross-examine the witnesses examined by the prosecution and for that purpose ..... rejected the petition filed by the petitioner under sub-section (2) of section 164 of the act without recording any reason for dismissing the same, the order reads as under:- 'the central government, after considering the post confirmation petition dated 7.2.1991 submitted by 1c2527 5y major virendra sharma under the provisions of section 164(2) of army act, 1950 against the finding and sentence of the general court martial convened by hq 24 inf div:, ..... the proceedings subsequent thereto and can grant appropriate relief if the said proceedings have resulted in denial of the fundamental rights guaranteed under part iii of the constitution or if the said proceedings suffer from a jurisdictional error or any error of law apparent on the face of the record. (7). ..... years and withholding increment for a period of eight years was passed, however, vide order dated 7,12.90 the sentence was directed to be revised and in pursuance thereof vide order dated 11.12.90 (annex.10) order of dismissal from service was passed against the petitioner. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... further rajasthan state road transport corporation employees service regulations, 1965 which have been made under section 45 of the road transport corporations act, 1950 expressly provide the categories of posts and services and make distinction between the employees on the permanent post in comparison to the ..... misconduct enables the employee to turn a new page in his life and save the reputation of himself and the employer in suitable cases.thus even when the industrial employment (standing orders) act, 1946, was enforced in the year 1946, the model standing orders introduced provisions therein both for dismissal by way of disciplinary action and termination of service by giving one month's notice ..... act, 1950 contemplates that the directions cann't be given in all matters including recruitment, conditions of service and training of its employees, wages to be paid to the employees reserves to be maintained by it and the corporation cannot depart from any instructions from ..... banwarilal, badri prasad, dharam pal, gulab chand ii, trilok chand sharma, sarwanlal, all are temporary employees but since section 25g of chapter v-a of the industrial disputes act, 1947 was n6t complied with, the impugned orders of termination of their services are liable to be quashed and are quashed and set aside and consequently they are ordered to be reinstated. ..... 837-839 of 1963) challenge the decision of the assam high court in favour of three railway servants whose services had been terminated under rule .....
Tag this Judgment!Court : Rajasthan
Reported in : (1968)ILLJ475Raj
..... story and in accepting the second story he made reference in general terms to the daliy diaries of the constables and the erasure of the signatures of sub-inspector ratanlal and destruction of papers from the diaries end held the second story substantially acceptable, although the deputy inspector-ganeral of police made an observation indicating that the story accepted by him was in variance with the second story ..... not have been able to manipulate such a story of their own accord without having any reason for that, moreover, the erasing of signature of sub-inspector ratanlal and destroying papers from three diaries also support that the second story is true and it scemes that sub-inspector ratanlal has done it after releasing the seoond accused and the camel with the connivance ..... rule 16, in so far as relevant for our purposes, reads as follows:without prejudice to the provisions of the public servants inquiries act, 1950, no order imposing the penalty of dismissal, removal or reduction shall be passed on a member of a service (other than an order based on facts which had led to his conviction in a criminal court or by a court-martial) unless ..... for the disciplinary authority to proceed under rule 17 for imposing minor penalties, simply because it has proceeded initially under rule 16 but it is certainly necessary that if it proposes to change the procedure from rules 16 to rule 17 a clear notice to that effect must be given to the person concerned before procesding under rule 17. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988CriLJ266; 1987(2)WLN209
..... relations of india with foreign powers, of the security of india, regulating the presence of any foreigner in india or to make arrangements for his expulsion from india and further with a view to preventing persons from acting in any manner prejudicial to the security of the state or from acting in any manner prejudicial to the maintenance of public order op from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, to make an order directing such persons to be detained ..... become the part of the grounds of detention by reference and the right of the detenu to be supplied with the copies of such documents, statements and other materials flows directly as a necessary corollary from the right conferred to the detenu to be afforded an earliest opportunity of making a representation against the detention because unless the former right is available, the latter cannot be meaningfully exercised and in that ..... behalf the supreme court has gone on to observe that a proper construction of clause (5) of article 22 read with section 3(2) of the cofeposa act, it is necessary for the authority ordering for continued detention that subject to clause (6) to article 22, copies of the documents, statements and other materials relied upon in the grounds of detention should be furnished to ..... 26,1950, the period thereafter is not the tudor period of british history during which .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj214; (1969)IILLJ266Raj
..... section 7 :-- 'subject to provisions of article 311 of the constitution and to such rules as the state government may from time to time make under this act, the inspector general, deputy inspectors general, assistant inspector general and district superintendents of police may at any time dismiss, suspend or reduce any police officer of the subordinate ranks whom they shall think remiss or ..... the deputy inspector general of police, aimer range by his order of 19/20th december, 1962 (annexure a) declared the petitioner amongst others as surplus from the district and he was called to report to the police lines by 5-1-63 from where he will be sent to the jaipur district for absorption as per orders of the deputy inspector general of police, ajmer range, jaipur. ..... the petitioner has challenged the action of the state of rajasthan on the ground that the petitioner is governed by the police act; that the rules do not apply to him; that the only authorities mentioned in section 7 of the police act could have reduced him in rank; that enhancement of punishment is not permissible under the police act and even if the rules applied and the enhancement was permissible, it was the governor personally in his discretion who ..... v of 1861) (hereinafter called 'the police act') was brought into force in rajasthan for the first time on 19-7-1950, by a notification dated 10-7-1950, which was issued under section 4 of the rajasthan adaptation of central laws ordinance (no. ..... v of 1950) (cf. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj177; RLW2005(1)Raj611; 2005(2)WLC270
..... are entitled to in order to become equals with others but those who go to other areas should ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas.......that considerations for specifying a particular caste to tribe or class for inclusion in the list of scheduled castes/schedule tribes or backward classes in a given state would depend on the ..... it appears, taking note of false and frivolous claims being made by persons not entitled to claim such status, the government of india addressed letters and issued instructions between the period from 21.4.1969 to 1982 to impress that there should be strict enquiry before issuance of caste certificates to persons claiming scheduled caste/scheduled tribe status; strict scrutiny into the caste of the parent ..... pointing out that the plea that the dohar caste is a sub-caste of the chamar caste, could not be entertained in view of the constitution scheduled castes order, 1950, issued by the president under article 341 of the constitution. ..... direct the district authorities to give them social status certificate as scheduled tribes, which was dismissed by hon'ble supreme court holding that no direction could be issued to the authorities to act contrary to the constitution and the law. ..... 1468-2027-o, the state government informed the deputy secretary to the lok sabha that 'halba-koshti' is 'halba'/'halbi' and it should be specifically included in the proposed amendment act. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... action of the board of education might be administrative but in such cases the board of education will have to ascertain the law and also to ascertain the facts and even though the board may not be required to act judicially and it was free to obtain information in any manner it liked, what was necessary for it was to give a fair opportunity to those who are parties to the controversy for correcting or contradicting anything prejudicial to their ..... was already implied in the clearance order that they had made in the first instance, but i think it would have been a wise precaution on the part of the minister when he received those further communications from the council pressing for the confirmation of the order to communicate those letters or verbal persuasions to the other side, the objectors, and ask whether they had anything further to say on the matter. ..... habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. ..... a case where a member of mutual insurance society was purportedly expelled for suspicious conduct, but without hearing, it was held that the expulsion was absolutely void: wood v. ..... under the european convention on human rights and fundamental freedoms of 1950, it is provided that: 'in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... company;(iii) goods sold by the company through its dealers or by itself inside the octroi limits to other persons to consume by them outside the octroi limits; and(iv) goods sent by the company from its depot inside the octroi limits extra-municipal points where they are brought and consumed by persons other than the company.originally section 73(1)(iv) empowered the municipality to impose octroi on animals or goods or ..... was observed : --'the main point for decision therefore is whether it can be said in the facts and circumstances of the present case that the petroleum products which are supplied to petitioner by the oil corporation from the depot at the retail outlet of the petitioner at dangiavas (situated outside the limits of municipal council) for consumption or use outside the limits of the municipality would attract the levy of octroi in the ..... seems to me that the privy council in arriving at their decision were influenced not only buy the language of section 67, income-tax act, but also by the complete machinery furnished by that act for dealing with all questions arising in regard to the assessment, including the question of vires as would appear from the fact that while laying down that there was no jurisdiction to question the assessment except by use of the machinery expressly ..... air 1950 sc 11, his lordship ..... ., 1950, a tax on trade, profession or calling ..... . 1950 to 31st march 1951, it sold goods inside and outside ..... . 25, 1950 a tax on trade profession or ceiling .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj172
..... (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950 and the commencement of this act voluntarily ac-quired the citizenship of another country shall, upon such acquisition or, as the case may be, such com-mencement, cease to be a citizen of ..... therefore, the further question which arose in mohammad khan's case (a) namely whether an order of expulsion in terms can be passed by any authority other than the central government in view of ..... acquirement of a passport of another country is conclusive proof that the person acqiring that passport, even though he might be of indian origin before the partition was a citizen of the country from which he acquired the passport: it was urged that this rule, though framed under section 18 of the act, is ultra vires of section 9 and reliance in this connection has been placed on mohammad khan v. ..... want to be taken out of article 7 of the constitution, they should have definitely stated that they migrated from what is now the territory of india to what is now the territory of pakistan before the 1st of march ..... not said so and we must assume in the circumstances that they migrated from india to pakistan presumably alter the 14th of august 1947 and certainly alter ..... the reason given for this view is that rule 3 prevents a person from proving that he had not voluntarily acquired the citizenship ot that country, if he holds a passport of a particular country .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj66
..... the learned counsel for the petitioner railway has also urged that the authority under the payment of wages act had no jurisdiction to order refund of the deductions made from the salary of brijkishore khanna for the reason that this is not a case of deductions which fall within the jurisdiction of the said authority, but it is a case of fixation of the salary of brijkishore khanna in ..... have had under consideration the question of regulation of officiating pay ia prescribed scales of a railway servant who officiated in a post, before the date from which he elected the prescribed scales, was not officiating in that post on the relevant date but was again appointed to officiate in that post after the ..... learned counsel of brijkishore khanna has conceded that the logic of the observations referred to above of the authority under the payment of wages act is not sound and the learned counsel is right for the reason that the observations of the authority in this behalf are misconceived ..... the questions of fixation of pay pure and simple do not fall within the purview of section 15 of the payment of wages act and we think the learned authority under the payment of wages act had no jurisdiction to deal with this question and to issue directions when the arrears of excess payment were being collected by the railway authorities and no deductions whatsoever ..... indian railway conference association new delhi made a reference to the railway board by his letter dated 6/7-5-1950-which is document no. .....
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