Advocate Bhuvnesh Kumar Goyal

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Day: February 7, 2026

Rajasthan High Court Holds That Short Absence Is Not Desertion: CRPF Constable Reinstated

Rajasthan High Court Holds That Short Absence Is Not Desertion: CRPF Constable Reinstated The Rajasthan High Court, Jaipur Bench, has delivered an important judgment clarifying the legal distinction between desertion and unauthorised absence in disciplined forces. In S.B. Civil Writ Petition No. 7778/2006, the Court set aside the removal of a CRPF constable who had been wrongly treated as a deserter for a short period of absence. The judgment reaffirms that temporary absence, followed by voluntary rejoining of duty, does not amount to desertion under the CRPF Act, 1949  The petitioner was appointed as a Constable (GD) in the Central Reserve Police Force in 1995 and had a strong service record. During his tenure, he was repeatedly appreciated for his performance, including sensitive deployments during post-riot duties in Gujarat and rescue and relief operations during the Bhuj earthquake. Despite this, a charge-sheet was issued against him in 2002 alleging desertion from training, unauthorised stay outside the camp, misconduct during training, and habitual indiscipline. Based on these allegations, the disciplinary authority imposed the extreme penalty of removal from service, which was later upheld in appeal and revision. The core issue before the High Court was whether the petitioner’s absence for about twenty days, which was supported by medical evidence and followed by voluntary resumption of duty, could legally be treated as desertion. The Court examined the scheme of the CRPF Act, 1949, particularly Sections 9 and 10, and observed that the law makes a clear distinction between desertion and absence without leave. Desertion is classified as a more heinous offence and requires animus deserendi, meaning a deliberate and permanent intention to abandon service. Absence without leave, on the other hand, is a lesser offence and does not automatically become desertion. The Court noted that the charge-sheet itself admitted that the petitioner rejoined duty on his own within a short period. This admitted fact completely negated any intention to permanently abandon service. The Court held that once voluntary rejoining is established, the essential ingredient of desertion is missing, rendering the charge legally unsustainable. Branding such a short absence as desertion was held to be a clear case of non-application of mind. The High Court also found serious procedural lapses in the departmental enquiry. Despite repeated requests, the petitioner was not supplied with relied-upon documents, and he was denied an effective opportunity to examine defence witnesses. The Enquiry Officer ignored unimpeachable medical records showing that the petitioner was suffering from acute renal pain and had undergone hospital treatment during the relevant period. The illness of his wife was also supported by documentary evidence, yet these mitigating circumstances were brushed aside without reasons. Further, the allegation that the petitioner stayed outside the camp without permission was found to be completely false, as the respondents’ own records showed that written permission had been granted to him earlier. The charge relating to misconduct during training was also unsupported by evidence, as training records reflected good conduct and high performance. The Court observed that earlier minor punishments could not be used to label the petitioner as habitually indisciplined so as to justify removal from service. The High Court strongly criticised the appellate and revisional authorities for passing cryptic and non-speaking orders. It held that statutory remedies lose their purpose if authorities fail to apply independent mind and merely endorse earlier decisions mechanically. The punishment of removal from service was held to be shockingly disproportionate, especially when imposed on a constable with a proven record of dedication and gallantry, and where the alleged misconduct arose largely from medical exigencies. Ultimately, the Rajasthan High Court allowed the writ petition and quashed the removal order along with all consequential appellate and revisional orders. The respondents were directed to reinstate the petitioner with continuity of service and seniority. However, the Court limited the relief to notional benefits and denied actual back wages for the intervening period. The entire exercise was directed to be completed within sixty days from receipt of the judgment. This judgment is significant for service jurisprudence in uniformed forces. It reinforces that every unauthorised absence is not desertion, that intention to permanently abandon service is the decisive factor, and that disciplinary authorities must strictly follow statutory safeguards. The ruling serves as a reminder that while discipline is vital, it cannot be enforced at the cost of fairness, proportionality, and the rule of law. Advocate Bhuvnesh Kumar Goyal

JVVNL Forcing Plot Owners to buy electricity from builder is illegal : Rajasthan High Court, Jaipur Bench

JVVNL Forcing Plot Owners to buy electricity from builder is illegal : Rajasthan High Court, Jaipur Bench Janak Singh Hada Vs State of Rajasthan & Others and Connected Matters D.B. Civil Writ Petition Number 7445/2025 Date of Judgment : 07.01.2026 In a significant judgment protecting the rights of homeowners, the Jaipur Bench of the Rajasthan High Court has granted relief to plot owners of Vatika Infotech City who were denied individual electricity connections for years. The case arose from a long-standing dispute where residents of a JDA-approved colony were forced to purchase electricity from private developer-linked companies instead of receiving direct domestic electricity connections from Jaipur Vidyut Vitran Nigam Limited (JVVNL). The High Court’s order dated 07 January 2026 has clarified the legal position on single point electricity connections, private monopoly, and the statutory duty of distribution companies. Vatika Infotech City is a large residential township in Jaipur with more than 3,500 plots approved by the Jaipur Development Authority. Despite residents owning freehold plots and having constructed houses on their own land, JVVNL consistently refused to provide individual electricity connections. Instead, residents were compelled to buy electricity through sub-meters installed by private companies associated with the builder, which were operating without any licence under the Electricity Act, 2003. This practice continued for more than fifteen years, causing serious hardship to residents. Aggrieved plot owners, including Janak Singh Hada and other similarly placed residents, approached the Rajasthan High Court by filing writ petitions under Article 226 of the Constitution of India. The petition challenged Regulation 6.3 of the Rajasthan Electricity Regulatory Commission (Electricity Supply Code and Connected Matters) Regulations, 2021, alleging that it was being misused to justify an illegal monopoly of electricity distribution by non-licensee private companies. The petitioners also challenged the refusal letter dated 17.11.2023 by JVVNL, which directed residents to obtain electricity from the developer instead of granting direct connections. The petitioners argued that under Section 43 of the Electricity Act, 2003, every distribution licensee has a statutory duty to supply electricity to an owner or occupier of premises upon application. They further contended that Regulation 6.3 itself contains a proviso that clearly protects the right of an individual consumer to demand direct electricity supply from the distribution licensee. Despite this, JVVNL continued to deny connections, citing reasons such as “single point connection” and “non-electrification of the colony,” while simultaneously allowing private companies to sell electricity within the same colony. After examining the pleadings, documents, and the connected writ petitions, the Rajasthan High Court made crucial observations. The Court held that JVVNL, being a distribution licensee under the Electricity Act, cannot shift its statutory responsibility onto a private developer. The Court found that Regulation 6.3 does not prohibit individual electricity connections and, in fact, mandates release of direct connections when demanded by eligible applicants. The practice of forcing residents to buy electricity from a builder through a single point connection was held to be arbitrary, unreasonable, and contrary to law. The High Court further recognised that electricity is an essential service and forms an integral part of the right to life under Article 21 of the Constitution of India. Denial of electricity to residents who have complied with all requirements and are willing to pay applicable charges was found to be a clear violation of constitutional and statutory rights. The Court rejected the argument that the colony was not electrified, observing that such a stand was neither fair nor justified when electricity was already being supplied through private intermediaries. By its final order, the Rajasthan High Court directed Jaipur Vidyut Vitran Nigam Limited to issue independent electricity connections to the petitioners after completion of necessary formalities and payment of applicable charges. The Court ordered that such connections must be released within a period of two months from the date of the order. While the challenge to the constitutional validity of Regulation 6.3 was kept open for consideration in an appropriate case, the Court granted substantial relief to the residents by enforcing their right to direct electricity supply. This judgment is extremely important for plot owners and residents living in private colonies across Rajasthan. It sends a clear message that developers cannot run parallel electricity distribution systems without a licence and that distribution companies cannot abdicate their statutory duties. The decision also curbs the practice of creating illegal monopolies over essential services like electricity and strengthens consumer rights in urban residential colonies. In conclusion, the Rajasthan High Court’s decision in the Vatika Infotech City electricity case reaffirms that electricity is not a privilege controlled by builders but a legal right guaranteed under law. Distribution licensees are bound to serve consumers directly, and regulatory provisions cannot be misused to deny citizens access to basic necessities. This judgment will serve as a strong precedent for similar disputes involving denial of electricity connections in developer-led townships across the state. Counsel for the Petitioners Bhuvnesh Kumar GoyalAdvocate in Jaipur High Court