Court : Rajasthan
Decided on : Nov-02-1989
Reported in : (1991)IILLJ538Raj; 1990(1)WLN176
ORDERD.L. Mehta, J.1. Petitioner Union filed the suit in the Court of learned Addl., Munsif No. 4, Jaipur City, Jaipur and prayed therein that the orders dated November, 30, 1984 transferring the petitioners from the post of Assistant Inspector (Encroachment) quashed. Application under Order 39 Rules 1 and 2 read with Section 151, C.P.C. was submitted by the Union which was dismissed by the learned District Judge, vide order dated February 23, 1985.2. The case of the respondents is that the petitioners were appointed substantively on the post of Munshi in the year 1981 or so. All these employees were required subsequently to perform the duties of Assistant Inspector (Encroachment) on work charge basis. The grade and the scale of the Munshi and the Assistant Inspector (Encroachment) is the same. However, on November 9, 1982, again all the persons were asked to perform the duties of Munshi/L.D.C and to discontinue functioning as Assistant Inspector. It was submitted that the order dated ...
Tag this Judgment!Court : Rajasthan
Decided on : Jun-02-1989
Reported in : AIR1990Raj34; 1989(2)WLN63
Sharma, J.1. In this public interest litigation relating to functioning of the S.M.S. Hospital Jaipur and other government hospitals in Rajasthan, more so, in respect of various commissions and omissions by various functionaries therein, the petitioner, who is a freedom fighter and has been active in and has very long association with the Sarvodaya Movement and claims to believe in the Philosophy of Mahatma Gandhi, the father of the Nation, seeks from this court direction that a Commission of Inquiry under the provisions of Commissions of Inquiry Act, 1952 (for short the Act), be set up by the State of Rajasthan to find out and identify the guilty persons responsible for the various incidents of deaths and other sufferings. We will at the latter stage of this order deal with the question as to whether this Court can order the State Government to set up a Commission of Inquiries under the provisions of the Act, but for the present we will give few facts as alleged in this writ petition,...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1989
Reported in : 1989(2)WLN362
S.S. Byas, J.1. Accused Babu Singh was convicted under Sections 302 & 324 IPC and sentenced to imprisonment for life with a fine of Rs 500/- and rigorous imprisonment for two year's with a fine of Rs. 500/- on the respective counts by the learned Additional Sessions Judge (1), Ajmer by his judgment dated June 18, 1988. The accused has come-up in appeal and challenges his conviction.2. At about 7-50 p.m. on 22-12-1984, PW 4 Radhey Shyam appeared at G.R.P. Station, Ajmer with a bleeding wound on his neck, he was employed as a 'Rakshak' (constable) in the Railway Protection Force and his duty hours on that day were from 6.00 p.m. to 12 p.m. He stated before the S.H.O. Modsingh PW 14 that while taking rounds at the railway station, he leached the R.P.F. post near which bicycles are kept at about 7.30 p.m. He found a healthy-man around 55-60 years in age with white hair beard and mousteche. As bicycles are generally stolen from that place he asked that man as to why he was standing there. T...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-16-1989
Reported in : AIR1991Raj121; 1990(1)WLN437
M.C. Jain Actg. C.J. 1. This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment of the learned single Judge dated May 14, 1985 whereby the learned single Judge allowed the writ petition and he set aside the order of the Rajasthan State Co-operative Tribunal, Jaipur dated 15-11-1975 and remanded the case back of the said Tribunal to decide the appeal filed by respondent No. 3 Shri N.K. Tyagi against the order dated 16-2-1971 passed by the Deputy Registrar, Co-operative Socities, Bharatpur Zone, Bharatpur on merit in accordance with law.2. A few facts may briefly be noticed.The petitioner respondent No. 3 was appointed as Manager of the Sawai Madhopur Co-operative Marketing Society Ltd. vide order dated October 23, 1961. The Chairman of the Society suspended him on 16-1-1969 and thereafter he was served with a charge-sheet dated 1-3-1969. Thereafter without any enquiry into the alleged misconduct of the petitioner his services wer...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1989
Reported in : AIR1989Raj135; 1989(2)WLN478
Navin Chandra Sharma, J.1. This is a second appeal by the plaintiff against the appellate decree of the Additional District Judge No. 2, Jodhpur dated April 7, 1981 dismissing his first appeal against the decree of the Additional Munsif No. 1. Jodhpur dt. Oct. 27, 1980.2. Plaintiff Bastichand Bhanwali is an Advocate practising at Jodhpur. He instituted Civil Suit No. 589 of 1976 against the respondent for his ejectment from the demised premises detailed and described in para No. 1 of his plaint. Ejectment of the defendant-respondent was claimed on the ground that the plaintiff requires the demised premised for the use and occupation of himself and his family and also for using it for his professional purpose as an Advocate. It was alleged that the plaintiff was residing in tenanted premises situated near Singh Pol. Jodhpur. He has his office in Cloth Market also in rented premises.3. The suit was contested by the defendant. The defendant pleaded in his written statement that he was res...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1989
Reported in : 1990(1)WLN236
Jas Raj Chopra, J.1. By this writ petition under Article 226 of the Constitution, the petitioner has challenged the legality of the Order Annexute-2 dated 21-12-1985 where by he was compulsorily retired from service.2. The facts of the case briefly stated are: that the petitioner was appointed as Lower Division Clerk in the Directorate of Transport on 22-7-1985. He was, how ever, given appointment by promotion to the post of Motor Vehicles Sub-Inspector on the recommendation of the D.P.C. vide Order Annexure-1 dated 15-11-1984. Almost 13 months after his promotion, he has been compulsorily retired from Service under Rule 244(2) of the Rajasthan Service Rules, 1951 (for short 'the Rules' here in after).3. The case of the petitioner is that no adverse entries have been communicated to him for the past about five years. One adverse entry was communicated to him about five years back but on an appeal, that entry was was expugned. He has further submitted that no enquiry what so ever has ev...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-22-1989
Reported in : AIR1991Raj84; 1990(1)WLN326
ORDERS.N. Bhargava, J. 1. These four writ petitions relating to the admission of the petitioners in various educational institutions involve similar questions of law and, therefore, are being decided by this common order.2. Adverting to the facts of Writ Petition No. 3277/89 Miss Mona Dhand v. State.The petitioner was a student of St. Angela Sophia, Higher Secondary School, Bikaner. She studied in that school from 1982 to 1987 from Nursery to Vth standard. She was studying in Class vth when her father, who is an employee of the Government of Rajas-than, was transferred from Bikaner to Jaipur in December, 1988. Since there was no hostel facility at St. Angela Sophia Higher Secondary School, Bikaner, she obtained transfer certificate on 28-1-1989. Her father met the Principal, St. Angela Sophia School, Jaipur and requested to admit the petitioner in Class-V but the principal of the school declined to admit the petitioner in mid session and her father was assured that the petitioner will ...
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