Court : Rajasthan
Reported in : 1972WLN1015
..... for the satisfaction of the authorities who have to take action, in the case of dismissal or removal, they form the very basis on which the order is made and the enquiry there on must be formal, and must satisfy the rules of natural justice and the requirement of article 311(2).their lordships also made it quite clear that the rule, on its true construction, did not impose any fetter on the power conferred on ..... the petitioners are entitled to more leave, but as learned additional advocate general has stated that the government are quite prepared to grant more leave salary if it is found to be due according to the rules, this argument of the learned counsel for the petitioners does not require any further ..... ancillary argument has been made that even though the petitioners were entitled to more leave, they have been retired after allowing them leave for 3 months only an attempt has been made to support the argument by a reference to vinay ..... to draw up the list of officers who should be compulsorily retired, and the list, along with the confidential reports, has to be submitted to the minister-in charge and the chief minister for final orders. ..... vinay kumar najoo's case 1968 rlw 325 was a vastly different case because there section 25 of the industrial disputes act, 1947, had been violated even though it prescribed the conditions precedent to the retrenchment of a workman.25 it has been argued by the learned counsel for the petitioners that the impugned orders ..... maharashtra 1972 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2632; 2005(4)WLC670
..... of the order of suspension is that though he continues to be a member of the service he is not permitted to work and is paid only subsistence allowance which is less than his salary.11. ..... petition under article 226 of the constitution, the petitioner has prayed for direction to quash and set aside the suspension order dated may 16, 2005 with further direction to respondents to allow the petitioner to work on the post of additional district elementary education officer jaipur.3. ..... state of maharashtra : (1977)iillj369sc , their lordship of the supreme court held that the order of suspension does not put an end to the service of ..... after becoming education minister shri tiwari started passing orders against ..... the petitioner is an office bearer of rajasthan shikshak congress which is a registered association and he was elected or nominated as a general secretary (headquarter), which association is affiliated to ..... the same was denied by petitioner because the promotion was not regular and he was posted only in his own pay scale on the post ..... the aforesaid action the order of suspension was passed on wrong grounds and headquarter of petitioner was fixed at bikaner without any reason.5. mr. ..... of the petitioner is that impugned order of suspension has been passed with malafide intention at the behest of shri ghanshyam tiwari, minister of education (respondent no. ..... may merely be forbidden from discharging his duties during the pendency of an enquiry against him which act is also called suspension. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj284
..... behalf the municipal board over which he presides ;(e) to exercise supervision and control over the acts and proceedings of all officers and servants of the municipal board in matters of executive administration and in matters concerning the accounts and records of the municipal board, and, subject to the rules for the time being in force, to dispose of all questions relating to the service of the said officers and servants, and their pay, privileges and allowances ;(f) to furnish to such officer as may be appointed of ..... also be held proved that the government did not take any action on the passing of the non-confidence motion, and allowed shri abdul rahim to continue until he was prevented from doing so by a decree of the court of munsif ..... rights of others, may be bound to enter upon an enquiry, he is not bound to give a decision as a result of the enquiry, but may act in his discretion, in utter disregard of the result of the enquiry, in the latter case, such authority is bound by law to act on the facts and circumstances as determined upon the enquiry, in which a person to be affected is given full opportunity to place his case before the authority even though the decision ..... the deputy minister, and had shown that none of the charges were tenable; but nevertheless an order of removal from chairmanship of the town municipality of sironj was passed by the government on 24th january, 1956, and served upon him on the 6th february, 1956. ..... 3285 under head salaries of harijans in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj64
..... was for recovery of arrears of salary of a civil servant and the observations referred to above were in the first place obiter in that case and secondly it may be noted that a sovereign act may be performed by a servant of the state in exercise of his executive powers as well as the statutory powers and the observations of their lordships of the supreme court referred to above would apply to the case of the sovereign acts of a servant in executive capacity and not to those done in exercise ..... ) shows that there was no material before the commissioner to afford even a probable ground for believing that the plaintiff was likely to commit any prejudicial act referred to in section 3(1), the commissioner reproduced the three grounds given in the section itself in his order which also goes to show that he did not apply his mind to the particular circumstances of ..... of the first united state of rajasthan that the petitioner was detained under section 3 of the ordinance, at first on the 17th july 1948 under an order of the chief minister of rajasthan and a second time on the 14th ol august 194s under an order passed by the commissioner of kotah division. ..... discussed above that the government is not liable for the act of the commissioner in ordering wrongful detention of the plaintiff, we allow the appeal and dismiss the suit. ..... air 1956 all 383 the government has been held to be included in the definition of the term 'person' with reference to section 3(42) of the central general clauses act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj250
..... course of the arguments before us that we should be pleased even at this stage to allow opportunity to the prosecution to prove by a further affidavit or by leading fresh evidence in this court that the entire papers relating to the sanction had been placed before the minister-in-charge and that he had applied his mind thereto and that he had then accorded the sanction for the prosecution of the accused luhadia. ..... board, or(b) has within the meaning of section 33 knowingly acquired or continued to hold without permission in writing of the commissioner, directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the board, or(c) has knowingly acted as a member in a matter other than a matter referred to in clause (d) or clause (e) of proviso to section 33 in which he or a partner had, directly or indirectly a personal interest or in which he was professionally interested on behalf of a client, principal or other ..... iv, which is section 73, prescribes or the appointment of a secretary of the board, and in that connection goes on to state that he shall be a'who (sic) me salaried officer of government not below the rank of a tehsildar, and whose conditions of service shall be the same as those of other government officials of ..... 1956, he resigned from that office when he was elected as a member of the parliament, but he still continued to be a member of the board until the 24th january, 1958, when a new board came to be sworn in and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj95; (1968)IILLJ682Raj
..... looking to salary and other aspects of the case, the state government, in exercise of powers conferred under section 12(5) of the industrial disputes act do not consider it a fit matter for reference to ..... principle was applied very widely to administrative as well as to judicial acts, and to the acts of individual ministers and officials as well as to the acts of collective bodies such as justices and committees ..... . in air 1956 mad 115 = (1956) 1 lab lj 498 it has been held that if there was an industrial dispute, the factual existence of which could not really be in dispute a determination afresh by the government of the question of the expediency of referring such a dispute for adjudication tinder section 10(1)(c) of the act did not amount to a review of any question judicially determined previously, and that a prior order of the government under section 12(5), which refused to refer for adjudication a given ..... distinguishing featurrs have been pointed out in respect of cases air 1956 mad 113 and air 1956 mad 115.33 ..... 57.36 paise dearness allowance) besides a sizable amount as sales ..... . state of madras, air 1956 mad 113 it has been held that a decision under section 12(5) of the act is an administrative act and not a judicial or a quasi- ..... of madras, (1956) 1 lab lj 498 = (air 1956 mad 115 ..... . similarly, in air 1956 mad 113 it has been held that failure to give notice of reference to the management does not vitiate the exercise of the statutory power vested in section 10(1).43. in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj191; 1970(3)WLN17
..... fide at the instance of the ministers and the former chief secretary to favour their favourites and relatives, that the vacancies in 1963-64, 1964-65 and 1965-66 were allowed to accumulate and a provision was made in the rules that officers numbering ten times the number of vacancies to be filled both on the basis of seniority-cummerit and merit should be considered, and that only 15 persons were to be recruited on the basis of merit and only 150 could have been considered and if this had been done ..... out of these 3 officers sarvashri gopeshwar bhatt and shri munna lal goyal are direct recruits who were recruited in 1955 and 1956 respectively as a result of the competitive examinations held by the p. s. c. ..... seniority was given to them on the basis of their age and on the basis of salary drawn by them in private service. ..... results can only be achieved if those who are charged with the duty of writing character rolls and counter-signing them, as well as those, who are charged with the duty of making selections, act honestly with reasonable care and the presumption is that they do so. 47. ..... chief secretary by virtue of his office is invested with the powers to act on behalf of the government. ..... lordships did not hold that it was bound to act quasi-judicially. ..... of india, 1969 serv lr 445 = (air 1970 sc 150) it was contended before their lordships of the supreme court that the board of selection of officers of forestdepartment to the indian forest service was bound to act quasi-judicially. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj180; 1972()WLN49
..... the defendant would be a boy of 18 when at that time his father was alive and he may have acted on whatever his father had told him.shri ram and his ancestors had been residing in the temple premises almost for 4 generations and when there was nothing wrong in performing the sewa puja of the temple i should think he should not be disturbed from it and should be allowed to reside in a portion of the temple premises as long as he faithfully discharges his ..... have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property. ..... he, however denied that he had been taking any salary from sheonarain and added that his family had never taken any salary, but were spending their own money for sewa ..... maharaja aided bv his ministers and ex. ..... in air 1956 nag 257, the learned judges observed:'laying a claim to the wakf property by a mutawalli under a bona fide mistaken belief in itself may be no ground for his removal, but when the conduct of the mutawalli in claiming the wakf property is not bona fide and upto the time of the dispute the property was in good repair but it was only since the dispute arose that it was not kept in good repair it ..... aziz, air 1956 nag 257 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN184
..... the board went on pressing the government to withdraw the telegram and allow the board to levy the tax and soon after the elected board came into existence in september, 1974 ..... section 104 which deals with the levy in question, reads as under:104 obligatory taxes every board shall levy at such rate and from such date as the state government may no each case direct by notification in the official gazette and in such manner as is laid down in this act and as may be provided in the rules made by the state government in this behalf, the following:(1) a tax on the annual letting value of buildings or ..... placed on maharashtra state road transport ..... letter dated february 1, 1974 (exhibit-7) wrote to the government that the finances of the municipal board were so bad that it found be difficult even to pay the salary of the staff and arrange for road lights. ..... the representation of the cloth merchants association to the administrator, municipal board, vide its later dated january 25, 1974 exhibit-15 at page 46 of the paper book and asked the administrator to send factual report of the case for perusal of the chief minister. ..... addressed by the deputy director of local bodies, rajasthan to the administrator, municipal board, sheoganj whereby a copy of the representation dated january 14, 1971 by the cloth merchants us association addressed to the chief minister was forwarded to the administrator, who was directed to submit a factual report of the case immediately for perusal of the chief minister. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj46
..... the provisions of section 4 of the new law exceeds the ceiling area as determined under the provisions of the old law then the area determined under the old law shall prevail and to that extent the proceedings taken under the old law shall not be given a go-bye because such a provision was found necessary to be introduced in the new law so that ..... other matter except for two matters, namely, when the question is to be determined under the second proviso to section 4 of the new act or when the old cases were reopened under section 15 within 3 years from the commencement of the new act, and if authorities come to the conclusion that the ceiling area, as determined under the old law, was in contravention of the provisions of the ..... except the two provisions which were to hold the field for a limited purposes mentioned in that sub-section.the new act shall for all purposes be deemed to be in force on 1-1-1973 and the only purpose of the ordinance left after the new act was given retrospective effect by the legislature would be that anything done or any action taken or any rule made under ..... , on the other hand, urged that the expression 'law for the time being in force' does not include within its ambit the law 'deemed to be in force' and, therefore, the non obstante clause of section 3 will not have an overriding effect on the old law, which, under the circumstances of this case was not factually in ..... air 1956 sc 77, the brihan maharashtra sugar ..... allowed ..... minister for lands, 1895 ac 425 and .....
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