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| − | [[File: The government’s power to retire government servants in the public interest.jpg| The government’s power to retire government servants in the public interest; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=28_01_2016_001_019_010&type=P&artUrl=Sack-erring-babus-who-dont-mend-ways-Modi-28012016001019&eid=31808 ''The Times of India''], January 28, 2016|frame|500px]]
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| − | [[Category:India |G]]
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| − | [[Category:Government|G]]
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| − | [[Category: Law,Constitution,Judiciary|G]]
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| − | [[Category:Name|Alphabet]]
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| − | =Criminal offences by government servants=
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| − | '''Criminal offences by babus should draw life term: HC '''
| + | = Security Council= |
| − |
| + | ==2020: India in UNSC for eighth time== |
| − | Shibu Thomas | TNN
| + | [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F06%2F19&entity=Ar01115&sk=0BBA9654&mode=text Indrani Bagchi, June 19, 2020: ''The Times of India''] |
| | | | |
| − | [http://epaper.timesofindia.com/Default/Client.asp?skin=pastissues2&enter=LowLevel From the archives of '' The Times of India '' 2007, 2009]
| + | India is back in the UN Security Council for the eighth time when global politics is witnessing several inflection points — growing US disinterest in multilateralism, Chinese determination to dominate global multilateral institutions and especially when India-China ties are at a historic low in the backdrop of Ladakh clashes. |
| | | | |
| − | Mumbai: A tougher law is needed to punish corrupt babus, Bombay High Court has said in an important order. Justice AB Chaudhari has recommended to the Union government to bring about changes in the Prevention of Corruption Act to provide for a maximum punishment of life imprisonment for criminal offences committed by government officials.
| + | PM Narendra Modi tweeted his gratitude on India’s election to the UNSC-unopposed by 184 votes. “Deeply grateful for the overwhelming support shown by the global community for India’s membership of the @UN Security Council. India will work with all member-countries to promote global peace, security, resilience and equity.” |
| | | | |
| − | ‘‘Offences by public servants, bankers of various types of banks/financial institutions holding public money or those holding key posts in important public organisations have increased in unimaginable proportion as there is hardly any deterrent punishment,’’ said Justice Chaudhari, adding in exceptionally strong words, ‘‘Looking at the upsurge in the cancer of corruption in the country, the only way to have deterrent is now to provide life imprisonment in the Prevention of Corruption Act.’’
| + | Vikas Swaroop, secretary (west), MEA, said, “We will act as a voice of reason and moderation and a firm believer in respect for law and peaceful settlement of disputes.” He said India would want to “reform” the multilateral system based on samman, samvad, sahyog, shanti and samriddhi (respect, dialogue, cooperation, peace and develpment). |
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| − | As per existing provisions in the PCA, a government officer held guilty can be awarded a maximum imprisonment of seven years, which the HC felt was not enough. The court’s remarks came during the hearing of a petition filed by an IAS officer, Akola municipal commissioner Giridhar Kurve (54), who
| + | The call for “reformed multilateralism” by both Modi and external affairs minister S Jaishankar will not involve the UNSC itself. For the next couple of years though, India will be “in the room” to push back against Chinese mischief targeting New Delhi. “China cannot use this forum against India,” said a source. That will be a big gain. |
| − | had urged the court to quash a criminal complaint against him. Dismissing his plea, the HC asked the police to investigate the alleged fraud.
| + | |
| | | | |
| − | The court further asked the Centre to have a relook at the procedures where offences under IPC involving criminal breach of trust committed by a public servant (Section 409) go to the magistrate’s court. Since the magistrate cannot award a prison term of more than three years, the HC has directed the government to consider sending such matters to the sessions court which has the powers to award life imprisonment.
| + | In addition, China’s actions in Ladakh have now completely eroded its position as a supposed “impartial” interlocutor on Kashmir. India can use that to neutralise China’s needling on Pakistan’s behalf. |
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| − | The case relates to a decision by Kurve to deposit Rs 1.30 crore in the Vidarbha Urban Cooperative Bank in March 2009. A month later the bank shut down. A private complaint was lodged against the commissioner and following the court’s intervention an FIR was registered against Kurve. The municipal commissioner claimed he had followed rules, but the court refused to accept this pointing out that the Vidarbha bank was not in the list of banks where a commissioner was allowed to deposit public funds.
| + | However, it is a difficult ask for India to contemplate any big steps in the UNSC. For one thing, India’s positions on peace and security issues hewed closely to the Chinese and Russian line rather than the West. Like China, India doesn’t want an “activist” UNSC, and like China and Russia, India stresses the sovereignty principle in international crises. That is unlikely to change. |
| | | | |
| − | ‘‘Prima facie, there appears to be a clear cut nexus between Kurve and somebody to dupe Akola Municipal Corporation,’’ said the judge. The judge also asked the state to reconsider its decision to allow public money to be parked in cooperative banks.
| + | But the position will give India some useful leverage to push some key objectives, especially of playing a role in global governance which heading a UN body entails. China heads three, and lost the Unesco and WIPO elections. India can use the next couple of years to pick up deserving candidates (not only politically connected ones) to manouvre them to be electable. India does not head any UN body. |
| − | Domestic Violence Act: India
| + | |
| | | | |
| − | =Corrupt government servants=
| |
| − | ==SC: Assets can be seized before conviction==
| |
| − | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Assets-of-graft-accused-can-be-seized-before-11122015008022 ''The Times of India''], Dec 11 2015
| |
| | | | |
| − | AmitAnand Choudhary
| |
| | | | |
| − | '''Assets of graft accused can be seized before conviction'''
| |
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| − |
| + | [[Category:Foreign Relations|U THE UNITED NATIONS AND INDIATHE UNITED NATIONS AND INDIA |
| − | The Supreme Court ruled that the government can bring special laws to control corruption, which it said was eating away the fundamental core of elective democracy and Constitutional governance.
| + | THE UNITED NATIONS AND INDIA]] |
| − | A bench of Justices Dipak Misra and Prafulla C Pant upheld laws passed by Bihar and Odisha assemblies authorising the probe agencies to confiscate ill-gotten properties, including houses of corrupt public officials, even before their conviction in graft cases. The law was framed to deal with cases involving those occupying high public or political office.
| + | [[Category:India|U THE UNITED NATIONS AND INDIATHE UNITED NATIONS AND INDIA |
| | + | THE UNITED NATIONS AND INDIA]] |
| | | | |
| − | The bench held that there were no infirmities in the law and turned down a bunch of petitions filed by those whose properties had been confiscated. “In a way , corruption becomes national economic terror. This social calamity warrants a different control, and hence, the legislature comes up with special legislation with stringent provisions,“ it said. The accused pleaded that they could not be treated as a `special class' for alleged involvement in corruption cases and should be treated like other accused.
| + | =Issues raised at= |
| | + | ==2020: Germany, US block China’s anti-India move== |
| | + | [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F07%2F02&entity=Ar00707&sk=BD8E4779&mode=text Indrani Bagchi, July 2, 2020: ''The Times of India''] |
| | | | |
| − | “ ...in the context of the present Orissa Act, it is associated with high public office or with political office that are occupied by people who control the essential dynamics of power -which can be a useful weapon to amass wealth adopting illegal means. In such a situation, the argument that they were being put in a different class and should be tried in a separate special court solely because of the alleged offence, if nothing else, is a self-defeating one,“ the bench said.
| + | China is livid after the US stepped to delay a draft press statement condemning the terror attack at the Karachi Stock Exchange at the UN Security Council. |
| | | | |
| − | “We are unable to accept the submission of the learned counsel for the appellants that the words high public or political office not being defined creates a dent in the provision. The said words, we are absolutely certain, con vey a category of public ser vants which is well under stood and there is no room for arbitrariness,“ it said.
| + | The US was the second country after Germany to delay the statement, both silent expressions of solidarity with New Delhi, after Pakistan’s foreign minister Shah Mehmood Qureshi and later PM Imran Khan blamed India for the attack. |
| | + | The press statement, drafted by China, in addition to expressing condolence and solidarity with the Pakistani government, said, “The members of the Security Council underlined the need to bring perpetrators, organisers, financiers and sponsors of these reprehensible acts of terror to justice and urged all States, in accordance with their obligations under international law and relevant UNSC resolutions, to cooperate actively with the government of Pakistan and all other relevant authorities in this regard.” |
| | | | |
| − | Referring to its earlier ver dicts, the SC said immoral ac quisition of wealth destroys the energy of the people be lieving in honesty , and history records with agony of how they suffered. It said there should be zero tolerance to wards any kind of corruption “A democratic republic polity hopes and aspires to be governed by a government which is run by the elected representatives who do not have any involvement in seri ous criminal offences or offences relating to corruption casteism, societal problems affecting the sovereignty of the nation and many other offences,“ the bench said.
| + | China introduced the statement on Tuesday, and under a UNSC procedure, put it under “silence” until 4pm New York time. The statement is a routine condemnation of a terror attack that is issued often by the UNSC. Under the silence procedure, if there is no objection until the deadline, it is deemed to be passed. |
| | | | |
| − | It said corruption should not be judged by degree as corruption causes disorder destroys societal will to progress and paralyses the eco nomic health of a country.
| + | But Germany stepped in at 4pm to put a delay in issuing the statement. Diplomats said Pakistan’s foreign minister Qureshi’s statement blaming India for the attack was deemed unacceptable. The Chinese UN delegation protested vehemently, saying the clock had actually moved past 4pm when Germany intervened. The deadline was extended until 10am, July 1. |
| | | | |
| − | =Cooling-off period for post-retirement employment=
| + | But as the new hour approached, the US also intervened at the last moment to stymie the issuance, calling for yet another delay. |
| | | | |
| − | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=RIDERS-APPLY-Cooling-off-period-for-babus-cut-22122015011039 ''The Times of India''] Dec 22 2015
| + | Diplomats said the statement may finally get issued, but pushing back against China and Pakistan in the UNSC is being seen as a larger signal of global displeasure. |
| | | | |
| − | The cooling-off period for bureaucrats seeking commercial employment post-retirement has been cut, by half, to one year.
| + | =2020= |
| | + | ==2020: India in UNSC for eighth time== |
| | + | [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F06%2F19&entity=Ar01115&sk=0BBA9654&mode=text Indrani Bagchi, India enters UNSC with overwhelming support, gets to check Chinese moves, June 19, 2020: ''The Times of India''] |
| | | | |
| − | New rules formulated recently by the personnel ministry say that to take up jobs at private firms, officers of the Indian Administrative Service (IAS) and the Indian Police Service (IPS), among others, will only have to seek prior permission from the Centre if it's within a year from the date ofretirement. | + | New Delhi: |
| | | | |
| − | However, they need to declare clear service records, particularly with respect to integrity and dealings with non-government organisations (NGOs), and also mention that the proposed emoluments and pecuniary benefits offered to them conform to industry standards.
| + | India is back in the UN Security Council for the eighth time when global politics is witnessing several inflection points — growing US disinterest in multilateralism, Chinese determination to dominate global multilateral institutions and especially when India-China ties are at a historic low in the backdrop of Ladakh clashes. |
| − | | + | |
| − | The reduction follows a demand by officers that the cooling-off period be brought down from two years.
| + | |
| − | | + | |
| − | The officials need to make the following declaration in a revised application form: “The organisation in which I am seeking employment is not involved in activities which are in conflict with or prejudicial to India's foreign relations, national security and domestic harmony . The organisation is not undertaking any activity for intelligence gathering.“
| + | |
| − | | + | |
| − | Pensioners need to affirm that in the last three years of service, they were not privy to sensitive or strategic information directly related to the areas of interest or work of the organisation that they propose to join or to the areas in which they propose to practise or consult.
| + | |
| − | | + | |
| − | =Militants: can't get govt jobs back on surrender=
| + | |
| − | | + | |
| − | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Ex-militants-cant-get-govt-jobs-back-HC-23122015008031 ''The Times of India'']Dec 23 2015
| + | |
| − | | + | |
| − | TIMES NEWS NETWORK
| + | |
| − | | + | |
| − | The Jammu & Kashmir HC has dismissed a plea seeking reemployment of former government employees who turned to militancy but subsequently surrendered under the state's 2004 rehabilitation policy .
| + | |
| − | | + | |
| − | Chief justice N Paul Vasanthakumar on Monday said the employees can't get their jobs back under the policy . Petitioner Irshad Ahmad Bhat had left his job as a junior government engineer to join militants in 1999. He surrendered in 2004, and was allowed by the executive engineer to join the service again despite his over 5-year absence, considered “abandoning of service“ in J&K. He was eventually dismissed.
| + | |
| − | | + | |
| − | =Recovery of bribe money not enough to convict a government servant: Supreme Court=
| + | |
| − | [http://timesofindia.indiatimes.com/india/Recovery-of-bribe-money-not-enough-to-convict-a-babu-SC/articleshow/48992831.cms ''The Times of India''], Sep 17, 2015
| + | |
| − | | + | |
| − | Amit Anand Choudhary
| + | |
| − | | + | |
| − | A government official cannot be convicted under corruption charges merely on the basis of recovery of bribe money and it is essential to prove that he had demanded money, the Supreme Court has ruled.
| + | |
| − | | + | |
| − | A bench of Chief Justice H L Dattu and Justices V Gopala Gowda and Amitava Roy said the proof of demand is an "indispensable essentiality" for establishing an offence of bribe and acquitted an assistant director of technical education department of Andhra Pradesh despite allegedly being caught red-handed for taking Rs 500 bribe in 1996.
| + | |
| − | | + | |
| − | "The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1) (d)(i)&(ii) of the Act and in absence thereof, unmistakably the charge therefore, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof ... would thus not be sufficient to bring home the charge under these two sections of the Act," it said.
| + | |
| − | | + | |
| − | The court said mere recovery of money would not prove the charge and it has to be proved that the accused had demanded the bribe and had voluntarily accepted the money.
| + | |
| − | | + | |
| − | "Mere possession and recovery of currency notes from an accused without proof of demand would not establish the offence. It has been propounded that in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be proved," the court said while referring to its verdict.
| + | |
| − | | + | |
| − | "As a corollary, failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Sections 7 or 13 of the Act would not entail his conviction thereunder," said Justice Roy, who wrote the judgement for the bench.
| + | |
| − | | + | |
| − | While acquitting the accused in the 19-year old case, the bench said the anti-corruption bureau, which had laid a trap and caught the official with phenolphthalein powder-coated currency notes, failed to prove that demand for the money was made by him.
| + | |
| − | | + | |
| − | "Though, a very spirited endeavour has been made by state counsel to co-relate statement of witness to the attendant facts and circumstances including the recovery of this amount from the possession of the appellant by trap team, identification of currency notes used in the trap operation and also the chemical reaction of the sodium carbonate solution qua the appellant, we are left unpersuaded to return a finding that the prosecution in the instant case has been able to prove the factum of demand beyond reasonable doubt," the court said.
| + | |
| − | | + | |
| − | =Pension=
| + | |
| − | | + | |
| − | ==Right to pension can't be taken away pending proceedings: SC==
| + | |
| − | | + | |
| − | PTI | Aug 20, 2013
| + | |
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| − | NEW DELHI: Observing that gratuity and pension are hard earned benefits of an employee and right to receive pension is in the nature of "property", the Supreme Court has held that this right cannot be taken away from a government employee pending departmental or criminal proceedings.
| + | |
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| − | "It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of "property".
| + | |
| − | | + | |
| − | "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India," a bench of justices K S Radhakrishnan and A K Sikri said.
| + | |
| − | | + | |
| − | The court passed the judgement while dismissing the appeal of Jharkhand government against the state's high court order directing it to release the withheld dues of its retired employee Jitendra Kumar Srivastava, who had criminal cases pending against him.
| + | |
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| − | "We are of the opinion that the right of the petitioner (Srivastava) to receive pension is property under Article 31(1) (of the Constitution) and by a mere executive order the State had no power to withhold the same."
| + | |
| − | | + | |
| − | "...the order dated June 12, 1968 denying the petitioner right to receive pension affects the fundamental right of the petitioner under Articles 19(1)(f) and 31(1)of Constitution, and as such the writ petition under Article 32 is maintainable," the bench said.
| + | |
| − | | + | |
| − | It also said "a person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced."
| + | |
| − | | + | |
| − | ==Pensions for children of divorced/ illegally wedded wives==
| + | |
| − | | + | |
| − | ''' Children of divorced, illegally wedded wives of deceased officers entitled to pension '''
| + | |
| − | | + | |
| − | PTI | Aug 29, 2013
| + | |
| − | | + | |
| − | [http://timesofindia.indiatimes.com/india/Children-of-divorced-illegally-wedded-wives-of-deceased-officers-entitled-to-pension/articleshow/22137270.cms The Times of India]
| + | |
| − | | + | |
| − | Children of divorced, illegally wedded wives of deceased officers entitled to pension
| + | |
| − | Earlier, children born outside wedlock had no claim on family pension and the legally wedded wife was the sole recipient of the post-retirement benefit.
| + | |
| − | | + | |
| − | NEW DELHI: Children of divorced or those born to illegally wedded wife of a deceased all India services officer are entitled to get family pensions, according to new rules notified by the central government.
| + | |
| − | | + | |
| − | "Where the deceased member of service or pensioner is survived by a widow but has left behind eligible child or children from a divorced or an illegally wedded wife or wives, the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the member of service or pensioner had she not been so divorced or had she been legally wedded," they say.
| + | |
| − | | + | |
| − | All India services comprise IAS, IPS and Indian Forest Service.
| + | |
| − | | + | |
| − | Earlier, children born outside wedlock of a government servant had no claim on family pension and the legally wedded wife was the sole recipient of the post-retirement benefit.
| + | |
| − | | + | |
| − | ==Pensions for additional wives==
| + | |
| − | | + | |
| − | The amended All India Services (Death-cum-Retirement Benefits) Rules, 1958, also have provisions to provide equal share of pension to more than one widow of a deceased officer.
| + | |
| − | | + | |
| − | The rules have a provision to recognise marriage and family of a member of the services after his or her retirement and have made such family member eligible to receive pension after the death of an officer.
| + | |
| − | | + | |
| − | They also provide for monetary support to mentally retarded children of an officer of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).
| + | |
| − | | + | |
| − | "If the son or daughter of a member of service is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life," the rules said.
| + | |
| − | | + | |
| − | If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.
| + | |
| − | | + | |
| − | In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.
| + | |
| − | ==Pension after 80/ 95/ 100==
| + | |
| − | Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.
| + | |
| − | | + | |
| − | Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.
| + | |
| − | | + | |
| − | If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.
| + | |
| − | | + | |
| − | In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.
| + | |
| − | | + | |
| − | Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.
| + | |
| − | | + | |
| − | Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.
| + | |
| − | | + | |
| − | =Polygamy =
| + | |
| − | | + | |
| − | [http://epaper.timesofindia.com/Default/Client.asp?skin=pastissues2&enter=LowLevel From the archives of '' The Times of India '' 2007, 2009] 2010
| + | |
| − | | + | |
| − | ''' OK to sack Muslim cop for having 2 wives: SC '''
| + | |
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| − | TIMES NEWS NETWORK
| + | |
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| − | New Delhi: After 23 years in court, a Muslim constable’s plea that he did not fall afoul of a bigamy charge as this was permissible in his religion, has been decisively quashed by Supreme Court which dismissed his special leave petition against a high court ruling.
| + | |
| − | | + | |
| − | The SC decision not to entertain the petition clearly establishes that those in government jobs cannot get around service rules that stipulate dismissal from service for bigamous employees. The SC said that religion-based personal laws cannot be invoked to prevent government rules from being enforced.
| + | |
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| − | Former Rajasthan police constable, Liyakat Ali challenged the termination of his services under the Rajasthan Civil Services (Conduct) Rules, 1971, banning second marriage without divorcing the first wife.
| + | |
| − | | + | |
| − | The Supreme Court upheld the HC ruling against Ali on the ground that he had contracted a second marriage without divorcing his first wife. Ali contended that Muslim personal law did not prohibit a second marriage even as the relation with the first wife remained legally binding.
| + | |
| − | | + | |
| − | ==Cop’s first marriage not annulled ==
| + | |
| − | | + | |
| − | New Delhi: The former Rajasthan constable, who was dismissed from service on a bigamy charge had taken a plea that he had divorced his first wife before contracting the marriage with Maksuda. However, the inquiry reportedly revealed that the first marriage had not been annulled when he married for the second time.
| + | |
| − | | + | |
| − | The law did not mandate taking permission of the government and Liyakat Ali married Maksuda Khatun without divorcing his first wife Farida Khatun.
| + | |
| − | | + | |
| − | On January 25, an apex court bench comprising Justices V S Sirpurkar and Aftab Alam dismissed Ali’s appeal against the HC judgment prima facie accepting the stand of the Rajasthan government that the 1971 rules were applicable to all government servants, irrespective of the religion, to enforce strict discipline.
| + | |
| − | | + | |
| − | =Retirement, premature=
| + | |
| − | | + | |
| − | ==Forced early retirement: Bad reputation sufficient grounds==
| + | |
| − | | + | |
| − | '''Bad reputation can justify forced early retirement: HC '''
| + | |
| | | | |
| − | Ajay Sura TNN
| + | PM Narendra Modi tweeted his gratitude on India’s election to the UNSC-unopposed by 184 votes. “Deeply grateful for the overwhelming support shown by the global community for India’s membership of the @UN Security Council. India will work with all member-countries to promote global peace, security, resilience and equity.” |
| − | | + | |
| − | Chandigarh: An employee may be forced to retire in public interest if his/her “general reputation” is not good even without tangible material to substantiate it, the Punjab and Haryana HC has said.
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| − | A division bench passed the order on Friday while upholding the HC decision on premature retirement of Haryana Superior Judicial Services judicial officer Chaman Lal Mohal.
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| − | Mohal was entitled to work till the age of 60, but was forced to prematurely retire on January 29 after the court’s administrative judge declared his integrity as “doubtful”.
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| − | =Seniority: not a fundamental right: CAT=
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| − | [http://epaper.timesofindia.com/Default/Client.asp?skin=pastissues2&enter=LowLevel From the archives of '' The Times of India '' 2010]
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| − | New Delhi: Central Administrative Tribunal has refused to set aside an order by the MCD revising the seniority list of its junior stenographers saying that it cannot be claimed as a “fundamental right”. “As per the law, seniority is not a fundamental right of a public employee. It is only a civil right. There cannot be any change in this contrary to the principles of natural justice,” the Tribunal bench, said. PTI
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| − | =Transfers=
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| − | [http://epaper.timesofindia.com/Default/Client.asp?skin=pastissues2&enter=LowLevel From the archives of '' The Times of India '' 2010]
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| − | Courts shouldn’t meddle in routine transfers: HC
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| − | A Subramani | TNN
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| − | Chennai: A government servant holding a transferable post has no vested right to remain posted at one place and courts should not interfere with a transfer order made for administrative reasons, Madras High Court has ruled.
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| − | A bench of chief justice H L Gokhale and Justice V Dhanapalan, concurring with the submissions of senior counsel A L Somayaji, said, ‘‘It is the cardinal principle that a transfer is ordinarily an incident of service. The court should not interfere with a transfer order, which is made for administrative reasons, unless the orders are made in violation of any mandatory or statutory rule or on the ground of malafide.’’
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| − | The matter relates to a writ appeal filed by National Insurance Company Limited, which challenged a single judge order quashing the transfer of S Ashok Kumar, who was transferred to Tuticorin as divisional manager. Ashok Kumar challenged the transfer, stating that his father had been diagnosed with malignant rectal cancer and that he required constant medication and monitoring, including chemotherapy and radiation.
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| − | In 2008, Ashok Kumar had been transferred to Hyderabad, which was later put on hold in view of his father’s health condition.
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| − | Senior counsel Somayaji, however, pointed out that Ashok Kumar was in Chennai for 17 years without a transfer, and that the earlier transfer too had been cancelled on humanitarian grounds.
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| − | =='Sack workers who do not deliver'==
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| − | ''' Sack sweepers if they can't deliver: HC '''
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| − | [http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&articlexml=Sack-sweepers-if-they-cant-deliver-HC-27112014001087 ''The Times of India''] Nov 27 2014
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| − | If 60,000 conservancy workers can't keep the city clean they must be removed, the Delhi high court said on Wednesday , taking to task municipal corporations for wasting public money, reports Abhinav Garg. If things remained as such, the “Swachh Bharat Abhiyan is not going to kick off...“ the judges observed.
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| − | “If they aren't working why waste public money on them.Just leave them,“ the bench of Justices B D Ahmed and Siddharth Mridul said. Their reference was to the city's invisible army of safai karmacharis. The bench was hearing a petition filed by an NGO seeking details of daily conservancy work.
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| − | =Convicted Government officials to pay compensation from salaries=
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| − | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Babus-can-be-told-to-pay-damages-from-08112015036040 ''The Times of India''], Nov 08 2015
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| − | Sana Shakil
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| − | '''Babus can be told to pay damages from salary'''
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| − | Government officials convicted of wrongdoing can be told to pay compensation from their own salaries, a court has ruled.
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| − | Government institutions have often been sued for lapses or inaction and made to compensate victims, but it is unprecedented for individual officials to be told to pay the aggrieved parties from their own pockets.
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| − | The Delhi court gave the order on a petition filed by two Burari residents against the Delhi chief secretary and sub-divisional magistrate of Civil Lines after the administration demolished their farm's boundary wall, citing “non-agricultural activity“.
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| − | While giving its verdict, the court referred to various Supreme Court judgments that state action can be taken against public servants if they abuse their office. “It is time that public servants be held personally responsible for their mala fide acts in the discharge of their functions. Public servants have to be made liable for damages for malicious, deliberate or injurious wrong-doing,“ additional district judge Kamini Lau said.
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| − | The case referred to authorities bringing down a wall on a property though permission had been taken from the SDM. atpal and Yashpal told the court that they built the wall in December 1993 -after taking permission from the SDM -to protect their property from encroachment and save their crops from animals. The administration pulled it down without serving a notice, they said.
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| − | The accused officials alleged that Satpal and Yashpal broke the law when they built the wall and cited an inspection by a revenue director to accuse them of using their agricultural land for industrial purposes.Satpal and Yashpal contested this version and told the court that they filed an RTI in 2010 to know why their wall was razed but got no reply . In response to the RTI, the officials had said that the files were missing. The court found merit in the petitioners' submissions and termed the allegations levelled by the officials as “vague“. “The construction of a boundary wall cannot be treated as nonagricultural use of the property. The allegations (of running a factory on farmland) are vague... that the land in question was being put to non-agricultural use,“ the court said, noting the officials withheld information from the duo despite being asked by the chief information commissioner to reply to them.Also, if the files were indeed missing, there was no effort to trace them, the court said.
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| − | “There was total departmental reluctance... The relevant file and documents went missing and... have not even been placed before this court,“ the judge said, ordering the government to file an FIR and identify the officials were responsible for misplacing the file. The judge granted a compensation of Rs 3 lakh to the petitioners “to be paid from the public funds and then recovered from the erring officers...“
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| − | =Suspension limited to 90 days=
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| − | [http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&articlexml=SC-fixes-90-day-limit-for-suspension-of-17022015009098 ''The Times of India'']
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| − | Feb 17 2015
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| − | ''' SC fixes 90-day limit for suspension of govt employees '''
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| − | Amit Choudhary
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| − | Protracted period of suspension of delinquent government employee has become a norm and such practice must be curbed, the Supreme Court on Monday said while fixing a period of ninety 90 days for authorities to complete proceedings against such an employee.
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| − | The court said that an employee suffered ignominy and scorn of society due to prolonged period of suspension. “We, therefore, direct that the currency of a suspension order should not extend beyond three months... if within this period the Memorandum of ChargesChargesheet is not served on the delinquent officeremployee,“ a bench headed by Justice Vikaramajit Sen said. It said suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must be of short duration.
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| − | “If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature,“ the bench said.
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| − | “Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to endure this excruciation even before he is formally charged with some misdemeanour or offence,“ the bench said The court passed the order on a petition filed by defence estate officer Ajay Kumar Choudhary who was kept suspended for a long time.
| + | Vikas Swaroop, secretary (west), MEA, said, “We will act as a voice of reason and moderation and a firm believer in respect for law and peaceful settlement of disputes.” He said India would want to “reform” the multilateral system based on samman, samvad, sahyog, shanti and samriddhi (respect, dialogue, cooperation, peace and develpment). |
| | | | |
| − | =Sanction (prior) for probe into corruption allegations=
| + | The call for “reformed multilateralism” by both Modi and external affairs minister S Jaishankar will not involve the UNSC itsel. For the next couple of years though, India will be “in the room” to push back against Chinese mischief targeting New Delhi. “China cannot use this forum against India,” said a source. That will be a big gain. |
| − | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=HC-No-need-for-govt-nod-to-probe-03072016010044 The Times of India], Jul 03 2016
| + | In addition, China’s actions in Ladakh have now completely eroded its position as a supposed “impartial” interlocutor on Kashmir. India can use that to neutralise China’s needling on Pakistan’s behalf. |
| | | | |
| − | A Subramani
| + | However, it is a difficult ask for India to contemplate any big steps in the UNSC. For one thing, India’s positions on peace and security issues hewed closely to the Chinese and Russian line rather than the West. Like China, India doesn’t want an “activist” UNSC, and like China and Russia, India stresses the sovereignty principle in international crises. That is unlikely to change. |
| − |
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| − | '''HC: No need for govt nod to probe babus'''
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| | | | |
| − | In a landmark ruling, Madras high court has quashed a Tamil Nadu government order making prior permission or `remarks' from the government mandatory for probing corruption allegations against all `public servants' irrespective of category and rank.
| + | But the position will give India some useful leverage to push some key objectives, especially of playing a role in global governance which heading a UN body entails. China heads three, and lost the Unesco and WIPO elections. India can use the next couple of years to pick up deserving candidates (not only politically connected ones) to manouvre them to be electable. India does not head any UN body. |
| − | “The powers of a police officer are sought to be restricted by superimposing a requirement of a mandatory prior remarks `before ordering an appropriate inquiry by the directorate of vigilance and anticorruption (DVAC),“ said the first bench comprising justice Sanjay Kishan Kaul and justice R Mahadevan on Friday .The term `government servants' was also replaced with a new term `public servants' thereby bringing even elected representatives under the protective umbrella of prior nod.
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| | | | |
| − | =See also=
| + | [[Category:Foreign Relations|U THE UNITED NATIONS AND INDIATHE UNITED NATIONS AND INDIA |
| − | [[Corruption: India]] | + | THE UNITED NATIONS AND INDIA]] |
| | + | [[Category:India|U THE UNITED NATIONS AND INDIATHE UNITED NATIONS AND INDIA |
| | + | THE UNITED NATIONS AND INDIA]] |
India is back in the UN Security Council for the eighth time when global politics is witnessing several inflection points — growing US disinterest in multilateralism, Chinese determination to dominate global multilateral institutions and especially when India-China ties are at a historic low in the backdrop of Ladakh clashes.
PM Narendra Modi tweeted his gratitude on India’s election to the UNSC-unopposed by 184 votes. “Deeply grateful for the overwhelming support shown by the global community for India’s membership of the @UN Security Council. India will work with all member-countries to promote global peace, security, resilience and equity.”
Vikas Swaroop, secretary (west), MEA, said, “We will act as a voice of reason and moderation and a firm believer in respect for law and peaceful settlement of disputes.” He said India would want to “reform” the multilateral system based on samman, samvad, sahyog, shanti and samriddhi (respect, dialogue, cooperation, peace and develpment).
The call for “reformed multilateralism” by both Modi and external affairs minister S Jaishankar will not involve the UNSC itself. For the next couple of years though, India will be “in the room” to push back against Chinese mischief targeting New Delhi. “China cannot use this forum against India,” said a source. That will be a big gain.
In addition, China’s actions in Ladakh have now completely eroded its position as a supposed “impartial” interlocutor on Kashmir. India can use that to neutralise China’s needling on Pakistan’s behalf.
However, it is a difficult ask for India to contemplate any big steps in the UNSC. For one thing, India’s positions on peace and security issues hewed closely to the Chinese and Russian line rather than the West. Like China, India doesn’t want an “activist” UNSC, and like China and Russia, India stresses the sovereignty principle in international crises. That is unlikely to change.
But the position will give India some useful leverage to push some key objectives, especially of playing a role in global governance which heading a UN body entails. China heads three, and lost the Unesco and WIPO elections. India can use the next couple of years to pick up deserving candidates (not only politically connected ones) to manouvre them to be electable. India does not head any UN body.
China is livid after the US stepped to delay a draft press statement condemning the terror attack at the Karachi Stock Exchange at the UN Security Council.
The US was the second country after Germany to delay the statement, both silent expressions of solidarity with New Delhi, after Pakistan’s foreign minister Shah Mehmood Qureshi and later PM Imran Khan blamed India for the attack.
The press statement, drafted by China, in addition to expressing condolence and solidarity with the Pakistani government, said, “The members of the Security Council underlined the need to bring perpetrators, organisers, financiers and sponsors of these reprehensible acts of terror to justice and urged all States, in accordance with their obligations under international law and relevant UNSC resolutions, to cooperate actively with the government of Pakistan and all other relevant authorities in this regard.”
China introduced the statement on Tuesday, and under a UNSC procedure, put it under “silence” until 4pm New York time. The statement is a routine condemnation of a terror attack that is issued often by the UNSC. Under the silence procedure, if there is no objection until the deadline, it is deemed to be passed.
But Germany stepped in at 4pm to put a delay in issuing the statement. Diplomats said Pakistan’s foreign minister Qureshi’s statement blaming India for the attack was deemed unacceptable. The Chinese UN delegation protested vehemently, saying the clock had actually moved past 4pm when Germany intervened. The deadline was extended until 10am, July 1.
But as the new hour approached, the US also intervened at the last moment to stymie the issuance, calling for yet another delay.
Diplomats said the statement may finally get issued, but pushing back against China and Pakistan in the UNSC is being seen as a larger signal of global displeasure.
India is back in the UN Security Council for the eighth time when global politics is witnessing several inflection points — growing US disinterest in multilateralism, Chinese determination to dominate global multilateral institutions and especially when India-China ties are at a historic low in the backdrop of Ladakh clashes.
PM Narendra Modi tweeted his gratitude on India’s election to the UNSC-unopposed by 184 votes. “Deeply grateful for the overwhelming support shown by the global community for India’s membership of the @UN Security Council. India will work with all member-countries to promote global peace, security, resilience and equity.”
Vikas Swaroop, secretary (west), MEA, said, “We will act as a voice of reason and moderation and a firm believer in respect for law and peaceful settlement of disputes.” He said India would want to “reform” the multilateral system based on samman, samvad, sahyog, shanti and samriddhi (respect, dialogue, cooperation, peace and develpment).
The call for “reformed multilateralism” by both Modi and external affairs minister S Jaishankar will not involve the UNSC itsel. For the next couple of years though, India will be “in the room” to push back against Chinese mischief targeting New Delhi. “China cannot use this forum against India,” said a source. That will be a big gain.
In addition, China’s actions in Ladakh have now completely eroded its position as a supposed “impartial” interlocutor on Kashmir. India can use that to neutralise China’s needling on Pakistan’s behalf.
However, it is a difficult ask for India to contemplate any big steps in the UNSC. For one thing, India’s positions on peace and security issues hewed closely to the Chinese and Russian line rather than the West. Like China, India doesn’t want an “activist” UNSC, and like China and Russia, India stresses the sovereignty principle in international crises. That is unlikely to change.
But the position will give India some useful leverage to push some key objectives, especially of playing a role in global governance which heading a UN body entails. China heads three, and lost the Unesco and WIPO elections. India can use the next couple of years to pick up deserving candidates (not only politically connected ones) to manouvre them to be electable. India does not head any UN body.
