RTI: Constitution bench to decide whether SC comes under RTI Act …

29/08/2016 Comments Off on RTI: Constitution bench to decide whether SC comes under RTI Act …

RTI NEWS

Constitution bench to decide whether SC comes under RTI Act
Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets
Compensation to be paid by teacher, school if kids subjected to corporal punishment
Info panel fines ‘arrogant’ officer
More …

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RECENT DECISIONS/POSTS

CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow [Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School]
CIC Decision dated 21.07.2016 on Appeal filed by Shri Gulab Singh Rana, GM, Indian Overseas Bank, Chennai Vs. CPIO, Indian Overseas Bank, Chennai – CIC: “The decision of IOB to deny the information to accused/appellant is illegal, unconstitutional and in serious violation of appellant’s internationally recognized human rights besides the RTI Act. The investigating agency, CBI, performing police functions, was a contributor of investigative inputs, while the IOB as sanctioning authority has complete decision making power. It is established that Section 24 was illegally invoked ignoring its proviso.” The IOB was directed by the CIC to provide the point-wise information sought by the appellant with relevant certified copies. [Sections 2(j), 8(1)(d),(g) & (h), 19, 22 & 24(1) of the RTI Act, Sections 5, 162 r/w 123 & 165 of the Indian Evidence Act, Articles 19(1)(a) & 21 of the Constitution of India; CBI Investigation, Prosecution]
CIC Decision dated 11.07.2016 on Appeal filed by Shri Vivek Duggal Vs. CPIO, Petroleum and Natural Gas Regulatory Board, N. Delhi (Div. Bench Decision) – CIC: The Commission upheld the decision of the Respondents to deny the information sought at point 2 (ii) (a) to (h) of the RTI application [Sections 8, 8(1)(d), 11(1)]
CIC Decision dated 28.06.2016 on Appeal filed by Shri Nanik Premchand Rajwani, Distt. Thane Vs CPIO, Union Bank of India, Mumbai (Division Bench Decision) – CIC: The CPIO of the Respondent Bank was directed to provide to the Appellant the information in response to point (a) of his RTI application. With regard to the information sought at points (c) to (e) of the RTI application, the Commission saw no ground to question the submission of the Respondents that they do not maintain compiled information regarding action taken against their officers / statutory auditors in respect of the specific misdemeanours mentioned at the above points. Therefore, the Commission did not interfere with the CPIO’s response to these points. [Sections 8(1)(a)&(d), 19; Action Taken, NPA Accounts, Economic Interest, Compiling of Information; Art. 12 of the Constitution]
CIC Decision dated 06.06.2016 on Appeal filed by Ms. Monika Singh Vs. Family Welfare Deptt., Govt. of NCT of Delhi – CIC: The Commission directed the respondent authority to spell out their policy on compensation for the doctors dying on duty due to exposure to infectious diseases, such as the case of husband of the appellant under section 4(1)(c) of the RTI Act. [Sections 4(1)(c), 19; Action Taken, Hospital, Hon’ble Commission’s Direction]
>>> CIC Decisions

Constitution bench to decide whether SC comes under RTI Act

Timesofindia.indiatimes.com
Aug 17, 2016
NEW DELHI: A constitution bench will examine whether the Supreme Court comes within the ambit of Right to Information Act, making it obligatory for the Chief Justice of India to make information pertaining to appointment of judges and his correspondence with the government public under the transparency law. …

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets

Amit University Students awaken patriotic poems of the Nation (Image Courtesy: Amity.edu) — Amity University Students awaken patriotic poems of the Nation (Image Courtesy: Amity.edu)

Enaindia.in
New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.

According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …

Compensation to be paid by teacher, school if kids subjected to corporal punishment

School should be made a place of pleasant learning for kids, free from assaults and humiliations. (Pixabay Image)

July 25, 2016 : Dtf.in

The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law.
As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted.
The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.”
The Information Commissioner has, inter alia, passed the following order:-

“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”

See CIC Order dated 22.07.2016 >>> CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow
[Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] >>> CIC Decisions

Info panel fines ‘arrogant’ officer

Timesofindia.indiatimes.com
Jul 17, 2016
Chandigarh: Taking cognizance of “carelessness and arrogance” of a senior woman officer of Haryana labour department in dealing with an RTI application, the state information commission has imposed a penalty of Rs 25,000 on her. …

High Court seeks Centre’s reply on notary’s plea against CIC order

India.com
In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal.
July 7, 2016
New Delhi, Jul 7 : Delhi High Court has sought the Centre’s response on a notary’s plea challenging Central Information Commission’s (CIC) order declaring her to be a deemed Public Information Officer (PIO) and imposing a fine of Rs 25,000 for not furnishing records sought under RTI. Apart from the Centre, Justice Sanjeev Sachdeva also issued notice to the RTI applicant, who had under the Right to Information Act (RTI) sought details of attestations made by the notary from 2008 to 2013, seeking his reply by the next date of hearing on July 13. In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal. …

Govt asks all departments to upload report cards on websites every month

Hindustantimes.com
Jun 27, 2016
This small step could go a long way to raise the transparency bar.
The Modi government has told all central departments to go public with a report card of its activities and achievements on a monthly basis. …

Coming soon: IGNOU to offer diploma course on Right to Information

Hindustantimes.com
Jun 11, 2016
In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. …

Private colleges, schools under RTI ambit

Tribuneindia.com
Shimla, June 9, 2016
To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …

CIC wants RTI activist punished for misuse of law

Timesofindia.indiatimes.com
Apr 21, 2016
NEW DELHI: In an unusual move, the Central Information Commission (CIC) has recommended action against an RTI applicant for misusing the law to harass his colleagues in a Delhi college.

CIC bans appearance of lawyer, HC stays order

Timesofindia.indiatimes.com
Apr 3, 2016
New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …

Osmania University PIO fined 10,000 for failure to reply to query

Thehansindia.com
May 24, 2016
Hyderabad: The Public Information Officer (PIO) of Osmania University was fined Rs 25,000 on Monday, for “non compliance” of Telangana Information Commission’s orders and for his failure to provide information to the appellant even after six months. …

Huda official delays RTI reply, fined 25,000

Timesofindia.indiatimes.com
May 15, 2016|
Gurgaon: The chief information commissioner of Haryana has imposed a penalty of Rs 25,000 on estate officer-II of Huda, Gurgaon for delaying a piece of information sought under the RTI Act for over 11 months. …

Officials reduce RTI Act to a farce?

Timesofindia.indiatimes.com
Apr 17, 2016
Hyderabad: The Right to Information Act (RTI) has been enacted with a lofty goal of ensuring transparency and accountability in the working of every public authority and is considered a powerful instrument in the hands of citizens to expose corruption.

Central Information Commission does away with need of hard copies for online appeals

Zeenews.india.com
March 15, 2016
New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …

Ministers are answerable under RTI Act, Central Information Commission says

Timesofindia.indiatimes.com
Mar 13, 2016
NEW DELHI: Ministers in the Union and state cabinets are “public authorities” liable to answer public questions addressed to them under the Right to Information Act, the Central Information Commission has ruled. …

Penny wise, pound foolish? New CIC resurrects Rs 2 absurdity of RTI Act

Hindustantiems.com
Feb 15, 2016
Should a government department spend Rs 27 to get an RTI applicant to pay a fee of Rs 8?

Yes, said chief information commissioner RK Mathur in a controversial decision this week, overruling a “common sense” decision delivered by his predecessor, Satyananda Mishra. …

Don’t disclose students’ information without consulting parents: CIC

Zeenews.india.com
In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future.
January 26, 2016
The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …

Disclosure of Govt Email IDs National Security Threat: CIC

Outlookindia.com
New Delhi | Jan 03, 2016
Email IDs of all government officials cannot be provided under the Right to Information Act as it could cause a serious security threat, the Central Information Commission has ruled. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf.in.

DIVORCE/MAINTENANCE: If couple wants divorce, courts cannot ask for reasons, says HC …

29/08/2016 Comments Off on DIVORCE/MAINTENANCE: If couple wants divorce, courts cannot ask for reasons, says HC …

DIVORCE/MAINTENANCE NEWS

Weird reasons cited by couples for divorce
No alimony if woman divorced over adultery, HC rules
SC: Right to maintenance of a wife absolute, Section 125 of CrPC applicable on divorced women

Go to NEWS.

RECENT JUDGMENTS

* Consideration for promotion a fundamental right. – SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
* The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law – SC Judgment dated 05.09.2013 – Union of India & Ors. Vs. B.V. Gopinath
* The Court or police/CBI cannot impound a passport. – SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I.

A practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25. – SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors. (Second marriage during the currency of first marriage)
The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid. – SC Judgment dated 28.01.2015 – Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others
Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.” – SC Judgment dated 20.01.2015 – Manik Taneja & Anr. Vs. State of Karnataka & Anr.
Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws. – SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp.

If couple wants divorce, courts cannot ask for reasons, says HC

Timesofndia.indiatimes.com
Aug 11, 2016
CHENNAI: If a married couple wants divorce by mutual consent, it is not a court’s business+ to deny them judicial separation by insisting on knowing the reason for their decision, the Madras high court has said.
Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: “In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce. It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways.”

Delhi court orders man to pay Rs 35,000 as monthly maintenance to estranged wife

Dnaindia.com
Apr 03, 2016
A man, accused in a domestic violence case, has been ordered to pay a monthly maintenance of Rs 35,000 to his estranged wife, with a Delhi court dismissing his appeal saying the woman is entitled to live the status she was enjoying before parting ways. …

Heading Towards Divorce (Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net)

Weird reasons cited by couples for divorce

Timesofndia.indiatimes.com
Dec 21, 2015
Last week, a Noida woman filed a complaint against her husband after he sent her a talaq over email for being “too dark-skinned”. …

WhatsApp (Pixabay Image)

After divorce on WhatsApp, Kerala woman pleads for help

Oneindia.com
Sunday, October 11, 2015
Thiruvananthapuram, Oct 11: Her husband divorced her using the messaging app WhatsApp. But she did not know anything about his whereabouts. …

No alimony if woman divorced over adultery, HC rules Timesofndia.indiatimes.com
Aug 17, 2015
MADURAI: A woman divorced on the ground of adultery cannot claim maintenance from her ex-husband, the Madras high court has ruled. …

SC: Right to maintenance of a wife absolute, Section 125 of CrPC applicable on divorced women Timesofndia.indiatimes.com
Apr 7, 2015
NEW DELHI: The Supreme Court on Monday said the right to maintenance of a wife was absolute and no exceptions could be made, ruling that Section 125 of the Code of Criminal Procedure, which embodies this rule, would apply to divorced Muslim women as well. …

Qualified woman can’t claim maintenance: Court Timesofndia.indiatimes.com
Mar 8, 2015 MUMBAI: A family court has observed that a well-qualified woman cannot claim maintenance from her husband. …

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SERVICE LAW: Supreme Court modifies order, asks LIC to pay 50% of back wages to grade III, IV part-time workers …

29/08/2016 Comments Off on SERVICE LAW: Supreme Court modifies order, asks LIC to pay 50% of back wages to grade III, IV part-time workers …

Supreme Court modifies order, asks LIC to pay 50% of back wages to grade III, IV part-time workers
SC: Can’t deny job for petty crimes of past
No sanction needed to try government servants for illegal acts: Supreme Court
Acquiring assets not crime unless source illegal:SC in DA case
Second ‘wife’ of forest guard left in lurch as HC denies pension
Madras HC comes to the rescue of TN’s first woman IFS officer
Court Can’t Set Aside Transfer Order: Hyderabad HC
More …

Go to NEWS.

Recent SC Judgements

SC: “These temporary and badli workers, who are entitled for regularization as permanent workmen in terms of our March 18, 2015 judgment by applying the terms and conditions of the modified award of August 26, 1988, passed by Justice Jamdar, are held to be entitled to full back wages. However, keeping in mind the immense financial burden this would cause to LIC, we deem it fit to modify the relief only with regard to the back wages payable and therefore, we award 50% of the back wages with consequential benefits. The back wages must be calculated on the basis of the gross salary of the workmen, applicable as on the date as per the periodical revisions of pay scale as stated supra.” – SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr.
Hon’ble Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016. SC Judgment dated 21.07.2016 – Avtar Singh Vs. Union of India & Ors.
SC: “… … we declare the impugned memoranda as illegal and inconsistent with the 1995 Act. We further direct the Government to extend three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts.” – SC Judgment dated 30.06.2016 – Rajeev Kumar Gupta & Others Vs. Union of India & Others
According to the Supreme Court, they are of the opinion that the courts below have erred in law in holding that accused Ramesh Gelli and Sridhar Subasri, who were Chairman/Managing Director and Executive Director of GTB (Global Trust Bank) respectively, were not public servants for the purposes of Prevention of Corruption Act, 1988. – SC Judgment dated 23.02.2016 – CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others
SC: “ … … it would be open to the concerned authority, namely, the State and the Banks to consider whether their demand is justified and it is feasible to provide reservation to SC/ST category persons in the matter of promotion in the officers’ category and if so, up to which scale/level.” – SC Judgment dated 08.01.2016 – Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors.
SC: “… … we are of the considered view that every employer (whether State or private) must make sincere endeavour to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.” – SC Judgment dated 16.12.2015 – Prem Nath Bali Vs. Registrar, High Court of Delhi & Anr.
SC: “… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.” – SC Judgment dated 14.09.2015 – P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable)
More: Court Judgments on Service Matters

Supreme Court modifies order, asks LIC to pay 50% of back wages to grade III, IV part-time workers

Dnaindia.com
9 Aug 2016
The Supreme Court had earlier directed LIC to pay full back wages to temporary employees of grade III and IV.
The Supreme Court modified its earlier order on Tuesday of giving full back wages to temporary LIC employees of grade III and IV, who were asked to be regularised and directed the insurance company to pay 50% of the back wages with consequential benefits considering the “immense financial burden”. …
See SC Judgement >>> SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr. >>> Court Judgments on Service Matters

SC: Can’t deny job for petty crimes of past

Timesofindia.indiatimes.com
Jul 27, 2016
NEW DELHI: Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. …
More: Hon’ble Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016. SC Judgment dated 21.07.2016 – Avtar Singh Vs. Union of India & Ors.

No sanction needed to try government servants for illegal acts: Supreme Court

India.com
The court was hearing appeal of Deputy Superintendents of Punjab Police, SS Mand and PS Parmar, who were accused of illegally detaining one Neeraj Kumar in a vehicle theft case for four days without formally arresting him.
July 8, 2016
New Delhi, Jul 8: The Supreme Court has said that sanction to prosecute a public servant is not required if the alleged offence was committed when he was not discharging official duty. A bench of Justices J S Khehar and C Nagappan upheld the settled law and dismissed the appeal of two senior Punjab Police officials who had contended that a criminal case pending against them cannot be proceeded in the absence of sanction to prosecute them. …

Acquiring assets not crime unless source illegal: SC in DA case

Timesofindia.indiatimes.com
Jun 1, 2016
New Delhi, Jun 1 () Acquiring assets “per se” is not a crime unless the sources are found to be illegal, the Supreme Court today said while Karnataka maintained that the High Court order acquitting Tamil Nadu Chief Minister J Jayalalithaa in the assets case is “perverse”. …

Second ‘wife’ of forest guard left in lurch as HC denies pension

Timesofindia.indiatimes.com
May 25, 2016
Chennai: V Backiam lived as ‘wife’ of forest guard S M Velu for 25 years; they had two children. Yet, the woman has been disentitled from claiming Velu’s pension, after his death in 2003. Reason: She ‘married’ him while his first marriage with Muniyammal, who also has two children, was subsisting. …

Madras HC comes to the rescue of TN’s first woman IFS officer

Timesofindia.indiatimes.com
Apr 25, 2016
CHENNAI: Facing harassment and humiliated with postings far inferior to her seniority, the first woman Indian Forest Service (IFS) officer of Tamil Nadu has won a spectacular high court order directing the government to offer her a posting with appropriate seniority. …

Indian Railway — As per the Hyderabad High Court’s Order, the court is not supposed to exercise the power of judicial review to set aside a transfer order. (Dreamstime Image)

Court Can’t Set Aside Transfer Order: Hyderabad HC

Newindianexpress.com
21^st March, 2016
HYDERABAD: The Hyderabad High Court has made it clear that the court is not supposed to exercise the power of judicial review to set aside a transfer order which is administrative in nature. “The High Court can interfere with the transfer order if it is made contrary to rules governing organisation or any statutory rule or if it is prompted by mala fide action”, the court observed. …

Assets of graft accused can be seized before conviction

Timesofindia.indiatimes.com
Dec 11, 2015
NEW DELHI: The Supreme Court ruled on Thursday 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. …

If dependent, married girls eligible for jobs: HC

Timesofindia.indiatimes.com
Dec 5, 2015
ALLAHABAD: The Allahabad high court on Friday ruled that married daughters are also entitled to jobs under the dying-in-harness rule. According to the rule, in case a government employee dies during service, his or her dependants will be given a job. …

Moms of surrogate babies can get maternity leave: HC
Timesofindia.indiatimes.com
Jul 18, 2015
NEW DELHI: In a landmark verdict the Delhi high court on Friday ruled that surrogate mothers who have children through surrogacy are entitled to maternity leave which includes pre- and post-natal period. …

Slow promotions, ageing officials: HC orders cadre review in BSF
Indianexpress.com
Apr 24, 2015
The lack of a cadre review in 25 years in the Border Security Force has resulted in no post creation at command levels, leading to “frustration” among already ageing officials due to extremely slow promotions, observed the Delhi High Court and directed the Centre to appoint a panel for conducting the exercise within six months. …

Dismissal of magistrate who favoured woman lawyer upheld
Timesofindia.indiatimes.com
Apr 19, 2015
MUMBAI: The Bombay high court has upheld the dismissal from service of a chief judicial magistrate accused of developing close relations with a woman advocate and granting orders in her favour. …

Promote paramilitary jawans even after disability: HC
Timesofindia.indiatimes.com
Apr 15, 2015
CHANDIGARH: The Punjab and Haryana high court has come to the rescue of jawans of the paramilitary forces at a time when they have borne the brunt of deadly Naxalite attacks in Chhattisgarh and elsewhere. In a landmark judgment, Justice Ajay Tewari has ruled that jawans are entitled for promotion even after they have suffered disability. …

Polygamy not integral part of Islam: SC
Timesofindia.indiatimes.com
Feb 10, 2015
NEW DELHI: Although their personal law permits men to have four wives, the Supreme Court on Monday ruled that a Muslim’s fundamental right to profess Islam did not include practicing polygamy. …

Supreme Court orders retirement for corrupt LIC cashier who embezzled Rs 533 Timesofindia.indiatimes.com
Jan 7, 2015
NEW DELHI: No sympathy should be shown to any government employee indulging in corruption and the person should be dismissed from his job, the Supreme Court has held while awarding compulsory retirement to a Life Insurance Corporation of India cashier for misappropriating Rs 533 twenty-five years ago. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If You have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf[dot]in.

Banking and Insurance – Court Judgements

25/08/2016 0

More: Latest DOPT/CVC/RTI/MOF/CGHS/DPE Circulars/Orders * Court Judgments on Service Matters * NCDRC/Consumer Forum Judgements * Vigilance Clearance * Right to Information Circulars/Orders * Decisions of Central Information Commission – Section-Wise * CGHS Circulars/Empanelled Hospitals/Package Rates * Verification of SC/ST/OBC Caste Status or Claims of SCs, STs and OBCs

RECENT JUDGEMENTS

A forcible entry is required for a claim to be allowed under the policy for burglary/house breaking. – SC Judgement dated 22.08.2016 – M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr.
The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid. – SC Judgment dated 28.01.2015 – Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others

Supreme Court Judgments
I. Banking DRT Act * SARFAESI Act
II. Insurance Insurance Claim – Accident Claim

A. SUPREME COURT JUDGMENTS

I. BANKING
DRT Act

SC judgment dated 18.03.2011 - Narayan Chandra Ghosh Vs. UCO Bank & Others (137.2 KiB, 1,921 hits)

SC Judgment dated 07.02.2011 - Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. (176.8 KiB, 1,721 hits)

SC judgement dated 26.07.2010 - Union Bank of India vs. Satyawati Tondon and others (153.3 KiB, 4,423 hits)

SARFAESI Act
— Definition of NPA
– The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid.

SC Judgment dated 28.01.2015 - Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others (392.3 KiB, 8,347 hits)

II. INSURANCE

— Accident Claim

SC judgement dated 31.08.2010 - Yadava Kumar vs. National Insurance Co. Ltd. & another (121.8 KiB, 1,251 hits)

SC judgement dated 22.07.2010 - Arun Kumar Agarwal & anr. vs. National Insurance Co. Ltd. & others (306.9 KiB, 2,084 hits)

— Claim for Theft
A forcible entry is required for a claim to be allowed under the policy for burglary/house breaking.

SC Judgement dated 22.08.2016 - M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr. (21.7 KiB, 2,546 hits)

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ENVIRONMENT: Menace of Plastic Wastes and Hazardous Chemicals …

22/08/2016 Comments Off on ENVIRONMENT: Menace of Plastic Wastes and Hazardous Chemicals …

ENVIRONMENT NEWS

Menace of Plastic Wastes and Hazardous Chemicals
Rs.5,000 fine on those throwing puja offerings in Yamuna
More …

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Menace of Plastic Wastes and Hazardous Chemicals

August 8, 2016, New Delhi.
The Central Pollution Control Board has estimated that 5.6 million tonnes of plastic waste per annum is generated in the country. A total of 684 hazardous chemicals is listed under Schedule of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 under the Environment Protection Act, 1986.
The Plastic Waste Management (PWM) Rules, 2016 entrust the Central Pollution Control Board to establish certification process for the manufacturers or seller of compostable plastic carry bags and frame guidelines for disposal of Thermo set plastic waste. The Local Bodies in the State Government are responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers. The roles of various agencies of Central and State Governments on manufacture, storage and import of Hazardous Chemicals have been prescribed under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989.
The Ministry has comprehensively revised the Plastic Waste (Management and Handling) Rules, 2011 and notified Plastic Waste Management (PWM) Rules in March, 2016. The PWM Rules, 2016 provide following ways and means to minimize plastic waste generation, resource recovery, recycle and reuse: (i)           Prohibition on the manufacture, sale and use of plastic carry bags /sheets less than 50 micron in thickness,
(ii)         Phasing out of non- recyclable multilayered plastic,
(iii)       The collect back system of waste generated from various products by the Producers / Brand owners of those products to improve the collection of plastic waste, its reuse/ recycle.
(iv)     Responsibility on plastic waste generators including institutional generators and every person organising an event in open space, which involves service of food stuff in plastic or multilayered packaging, to segregate the waste generated by them and handover segregated wastes to authorized waste processing or disposal facilities.
(v)         Registration of shopkeepers and street vendors willing to provide plastic carry bags for dispensing any commodity on payment of plastic waste management fee.
(vi)       Scope for utilization of plastic waste in road construction, energy & oil generation to enhance the recycling of plastic waste.
(vii)     Levy of user fee and spot fines for littering, violation by retailers/ street vendors and generators, etc.

Government has notified two rules viz. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 for ensuring chemical safety in the Country. These Rules delineate the criteria for identification of Major Accident Hazard (MAH) unit, As per these Rules, an off- site emergency plan for a district having MAH unit is required to be in place so as to mitigate the impact of chemical accidents. As per the information received from various Sate and Union Territories, there are 1,861 MAH units in the Country, located in 303 districts.
This information was given by Minister of State (Independent Charge) for Environment, Forest and Climate Change, Shri Anil Madhav Dave, in a written reply to a question in Rajya Sabha today.
(Source: pib website)

Rs 5,000 fine on those throwing puja offerings in Yamuna

Timesofindia.indiatimes.com
Sep 21, 2015
NEW DELHI: Ahead of the festive season, Delhi government has decided to strictly impose a fine of Rs 5,000 on those spotted polluting the Yamuna by throwing waste or puja offerings in it. …

‘Delhi’s air worst in the world, can cause cancer and respiratory problems’ Zeenews.india.com
April 16, 2015
New Delhi: The National Capital of India, New Delhi, has surpassed Chinese capital Beijing as the city with the worst air in the world, as per the latest report by the World Health Organisation (WHO). …

Earth Hour 2015: Delhi to observe the 9th edition on March 28 Zeenews.india.com

March 26, 2015
New Delhi: People around the world will mark Earth hour on Saturday, March 28 by turning off their lights for one hour between 8:30 p.m and 9:30 pm. …

World Sparrow Day: Will sparrows ever return to this temple named after them? Economictimes.indiatimes.com
19 Mar, 2015
MADURAI: In the 1960s, late freedom fighter Govindasamy Naidu had a dream where a sparrow appeared and told him to build a temple for Goddess Kali near the North Masi Street in Madurai ( Tamil Nadu). …
More: World Sparrow Day

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RTI: Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets …

19/08/2016 Comments Off on RTI: Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets …

RTI NEWS

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets
Compensation to be paid by teacher, school if kids subjected to corporal punishment
Info panel fines ‘arrogant’ officer
High Court seeks Centre’s reply on notary’s plea against CIC order
More …

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RECENT DECISIONS/POSTS

CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow [Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School]
CIC Decision dated 21.07.2016 on Appeal filed by Shri Gulab Singh Rana, GM, Indian Overseas Bank, Chennai Vs. CPIO, Indian Overseas Bank, Chennai – CIC: “The decision of IOB to deny the information to accused/appellant is illegal, unconstitutional and in serious violation of appellant’s internationally recognized human rights besides the RTI Act. The investigating agency, CBI, performing police functions, was a contributor of investigative inputs, while the IOB as sanctioning authority has complete decision making power. It is established that Section 24 was illegally invoked ignoring its proviso.” The IOB was directed by the CIC to provide the point-wise information sought by the appellant with relevant certified copies. [Sections 2(j), 8(1)(d),(g) & (h), 19, 22 & 24(1) of the RTI Act, Sections 5, 162 r/w 123 & 165 of the Indian Evidence Act, Articles 19(1)(a) & 21 of the Constitution of India; CBI Investigation, Prosecution]
CIC Decision dated 11.07.2016 on Appeal filed by Shri Vivek Duggal Vs. CPIO, Petroleum and Natural Gas Regulatory Board, N. Delhi (Div. Bench Decision) – CIC: The Commission upheld the decision of the Respondents to deny the information sought at point 2 (ii) (a) to (h) of the RTI application [Sections 8, 8(1)(d), 11(1)]
CIC Decision dated 28.06.2016 on Appeal filed by Shri Nanik Premchand Rajwani, Distt. Thane Vs CPIO, Union Bank of India, Mumbai (Division Bench Decision) – CIC: The CPIO of the Respondent Bank was directed to provide to the Appellant the information in response to point (a) of his RTI application. With regard to the information sought at points (c) to (e) of the RTI application, the Commission saw no ground to question the submission of the Respondents that they do not maintain compiled information regarding action taken against their officers / statutory auditors in respect of the specific misdemeanours mentioned at the above points. Therefore, the Commission did not interfere with the CPIO’s response to these points. [Sections 8(1)(a)&(d), 19; Action Taken, NPA Accounts, Economic Interest, Compiling of Information; Art. 12 of the Constitution]
CIC Decision dated 06.06.2016 on Appeal filed by Ms. Monika Singh Vs. Family Welfare Deptt., Govt. of NCT of Delhi – CIC: The Commission directed the respondent authority to spell out their policy on compensation for the doctors dying on duty due to exposure to infectious diseases, such as the case of husband of the appellant under section 4(1)(c) of the RTI Act. [Sections 4(1)(c), 19; Action Taken, Hospital, Hon’ble Commission’s Direction]
>>> CIC Decisions

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets

Enaindia.in
New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.

According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …

Compensation to be paid by teacher, school if kids subjected to corporal punishment

July 25, 2016 : Dtf.in

The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law.
As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted.
The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.”
The Information Commissioner has, inter alia, passed the following order:-

“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”

See CIC Order dated 22.07.2016 >>> CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow
[Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] >>> CIC Decisions

Info panel fines ‘arrogant’ officer

Timesofindia.indiatimes.com
Jul 17, 2016
Chandigarh: Taking cognizance of “carelessness and arrogance” of a senior woman officer of Haryana labour department in dealing with an RTI application, the state information commission has imposed a penalty of Rs 25,000 on her. …

High Court seeks Centre’s reply on notary’s plea against CIC order

India.com
In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal.
July 7, 2016
New Delhi, Jul 7 : Delhi High Court has sought the Centre’s response on a notary’s plea challenging Central Information Commission’s (CIC) order declaring her to be a deemed Public Information Officer (PIO) and imposing a fine of Rs 25,000 for not furnishing records sought under RTI. Apart from the Centre, Justice Sanjeev Sachdeva also issued notice to the RTI applicant, who had under the Right to Information Act (RTI) sought details of attestations made by the notary from 2008 to 2013, seeking his reply by the next date of hearing on July 13. In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal. …

Govt asks all departments to upload report cards on websites every month

Hindustantimes.com
Jun 27, 2016
This small step could go a long way to raise the transparency bar.
The Modi government has told all central departments to go public with a report card of its activities and achievements on a monthly basis. …

Coming soon: IGNOU to offer diploma course on Right to Information

Hindustantimes.com
Jun 11, 2016
In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. …

Private colleges, schools under RTI ambit

Tribuneindia.com
Shimla, June 9, 2016
To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …

CIC wants RTI activist punished for misuse of law

Timesofindia.indiatimes.com
Apr 21, 2016
NEW DELHI: In an unusual move, the Central Information Commission (CIC) has recommended action against an RTI applicant for misusing the law to harass his colleagues in a Delhi college.

CIC bans appearance of lawyer, HC stays order

Timesofindia.indiatimes.com
Apr 3, 2016
New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …

Osmania University PIO fined 10,000 for failure to reply to query

Thehansindia.com
May 24, 2016
Hyderabad: The Public Information Officer (PIO) of Osmania University was fined Rs 25,000 on Monday, for “non compliance” of Telangana Information Commission’s orders and for his failure to provide information to the appellant even after six months. …

Huda official delays RTI reply, fined 25,000

Timesofindia.indiatimes.com
May 15, 2016|
Gurgaon: The chief information commissioner of Haryana has imposed a penalty of Rs 25,000 on estate officer-II of Huda, Gurgaon for delaying a piece of information sought under the RTI Act for over 11 months. …

Officials reduce RTI Act to a farce?

Timesofindia.indiatimes.com
Apr 17, 2016
Hyderabad: The Right to Information Act (RTI) has been enacted with a lofty goal of ensuring transparency and accountability in the working of every public authority and is considered a powerful instrument in the hands of citizens to expose corruption.

Central Information Commission does away with need of hard copies for online appeals

Zeenews.india.com
March 15, 2016
New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …

Ministers are answerable under RTI Act, Central Information Commission says

Timesofindia.indiatimes.com
Mar 13, 2016
NEW DELHI: Ministers in the Union and state cabinets are “public authorities” liable to answer public questions addressed to them under the Right to Information Act, the Central Information Commission has ruled. …

Penny wise, pound foolish? New CIC resurrects Rs 2 absurdity of RTI Act

Hindustantiems.com
Feb 15, 2016
Should a government department spend Rs 27 to get an RTI applicant to pay a fee of Rs 8?

Yes, said chief information commissioner RK Mathur in a controversial decision this week, overruling a “common sense” decision delivered by his predecessor, Satyananda Mishra. …

Don’t disclose students’ information without consulting parents: CIC

Zeenews.india.com
In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future.
January 26, 2016
The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …

Disclosure of Govt Email IDs National Security Threat: CIC

Outlookindia.com
New Delhi | Jan 03, 2016
Email IDs of all government officials cannot be provided under the Right to Information Act as it could cause a serious security threat, the Central Information Commission has ruled. …

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ROAD TRANSPORT: Dangerous driving’ to cover jumping lights, using phone …

17/08/2016 Comments Off on ROAD TRANSPORT: Dangerous driving’ to cover jumping lights, using phone …

Dangerous driving’ to cover jumping lights, using phone
Speed guns, ambulances to curb road deaths: Government
Bombay HC: Speeding alone no ground to book person for rash driving
Murder charges for flaw in road design?
Anti-lock braking system must for all two-wheelers
No toll for bad roads, SC tells NHAI in pro-user order
More …

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‘Dangerous driving’ to cover jumping lights, using phone

Timesofindia.indiatimes.com
Aug 4, 2016
NEW DELHI: Jumping traffic lights, using cell phone while driving, violating the stop sign and driving against the flow of traffic may soon attract fines of up to Rs 5,000 for the first offence and double that amount for subsequent violations.
These provisions are part of proposed amendments to the Motor Vehicles Act, approved by the Union Cabinet on Wednesday , which broaden the definition of “dangerous driving” to include these offences. …

Speed guns, ambulances to curb road deaths: Government

Timesofindia.indiatimes.com
Jun 10, 2016
NEW DELHI: The road transport and highways ministry will install speed guns (equipment to record the speed of as well as film a moving vehicle) on national highways and deploy advanced ambulances with vehicle-cutting equipment on certain stretches for the immediate rescue of accident victims. …

Regulated Traffic on the Road (Representative Photo)

Bombay HC: Speeding alone no ground to book person for rash driving

Timesofindia.indiatimes.com
May 11, 2016
MUMBAI: Driving a car at high speeds is by itself not a strong enough ground to book a person for rash and negligent driving, the Bombay high court has ruled. Two years after Mumbai police arrested a city resident, Khizzer Shah, on the charges of negligent and dangerous driving, a division bench of justices Abhay Oka and Prakash Naik used the HC’s special powers to strike down the FIR as an “abuse of the process of law”. …

Murder charges for flaw in road design?

Timesofindia.indiatimes.com
Oct 16, 2015
KOTHPUTLI (RAJASTHAN): Sending a strong message to consultants involved in preparing detailed project reports (DPRs), highways minister Nitin Gadkari on Thursday said that government can book such agencies for murder, if the fault in design is established as the reason for any road death on national highways (NHs).. …

Anti-lock braking system must for all two-wheelers Timesofindia.indiatimes.com
Sep 20, 2015
NEW DELHI: All models of two-wheelers need to be fitted with anti-lock braking system (ABS) and combined braking system (CBS) by April 2018.. …

No toll for bad roads, SC tells NHAI in pro-user order Timesofindia.indiatimes.com
Aug 28, 2015
NEW DELHI: In what will be music to the ears of long suffering highway users, the Supreme Court on Thursday ruled that the National Highways Authority of India (NHAI) and concessionaires cannot collect toll from commuters if the road is in bad shape. …

SC dismisses plea against NGT order banning 10-year-old diesel vehicles from plying on Delhi roads Timesofindia.indiatimes.com
Apr 20, 2015
NEW DELHI: In an order that could improve Delhi’s deteriorating air quality, the Supreme Court on Monday dismissed plea challenging the National Green Tribunal’s order prohibiting diesel vehicles that are over 10 years old from plying in the national capital. …

Government to scrap 125 toll plazas by month end: Transport Minister Gadkari Dnaindia.com
12 February 2015
Aiming to spare general public from levy at highways, the government has announced it will scrap 125 toll plazas in the country by the end of February. …

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INDIA: Avoid plastic made National Flag, display paper flags, dispose with dignity: MHA Advisory …

17/08/2016 Comments Off on INDIA: Avoid plastic made National Flag, display paper flags, dispose with dignity: MHA Advisory …

INDIA NEWS

Avoid plastic made National Flag, display paper flags, dispose with dignity: MHA Advisory
International Yoga Day 2016: Kareena Kapoor, Shilpa Shetty, other Bollywood celebs who practice yoga
More …

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Avoid plastic made National Flag, display paper flags, dispose with dignity: MHA Advisory

Aug 13, 2016
New Delhi. Ahead of the Independence Day, the Ministry of Home Affairs has issued an Advisory to the Chief Secretaries / Administrators of all State Governments / UT Administrations, Secretaries of all Ministries / Departments of Govt. of India to ensure strict compliance of the provisions contained in the ‘Flag Code of India. 2002’ and ‘The Prevention of Insults to National Honour Act, 1971’. The Advisory directs that mass awareness programmes be carried out in this regard and also give wide publicity through advertisements in the electronic and print media.
The Advisory states that on important national, cultural and sports events, Flags made of paper only are used by public in terms of the provisions of the ‘Flag Code of India, 2002’ and such paper Flags are not discarded or thrown on the ground after the event. Such Flags are to be disposed of, in private, consistent with the dignity of the Flag. Wide publicity, for not using the National Flag made of plastic, should be made along with its advertisement in the electronic and print media.
Further, it has been brought to notice of the MHA that on important events the National Flags made of plastic are also being used in place of paper Flags. Since plastic flags are not biodegradable like paper flags, these do not get decomposed for a long time and ensuring appropriate disposal of National Flags made of plastic commensurate with dignity of the flag, is a practical problem. It may also be noted that as per Section 2 of ‘The Prevention of Insults to National Honour Act, 1971’- Whoever in any public place or in any other place within public view bums, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or any part thereof, shall be punished with imprisonment for a term which may extend to three years or with fine, or with both.
The Advisory reiterates that the National Flag represents the hopes and aspirations of the people of our country and hence should occupy a position of honour. There is universal affection and respect for, and loyalty to, the National Flag. Yet, a perceptible lack of awareness is often noticed amongst people as well as organizations/agencies of the Government in regard to laws, practices and conventions that apply to display of the National Flag. A copy each of ‘The Prevention of Insults to National Honour Act, 1971’ and ‘Flag Code of India, 2002’ which governs display of National Flag, are available on the links below for strict compliance of the provisions contained in the Act and the Flag Code (copy also available on this Ministry’s website www.mha.nic.in).
(Source: pib website)
‘Flag Code of India, 2002‘: http://mha.nic.in/sites/upload_files/mha/files/flagcodeofindia_070214.pdf
‘The Prevention of Insults to National Honour Act, 1971‘:
http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf

International Yoga Day - 2015 (Image Courtesy: Youtube) — International Yoga Day – 2015 (Image Courtesy: Youtube)

International Yoga Day 2016: Kareena Kapoor, Shilpa Shetty, other Bollywood celebs who practice yoga [PHOTOS + VIDEOS]

Ibtimes.co.in
June 18, 2016
International Yoga Day, which is about spreading awareness to achieve a healthier lifestyle, will be celebrated across the world on June 21. On this occasion, we would like to show you a few pictures and videos of Bollywood celebs who practice yoga. …

Postman (Image Courtesy: nfpvtv.blogspot.in)

In age of e-tailing, drab dakiya to get smart & look smart too

.Timesofindia.indiatimescom
Jun 6, 2016
New Delhi: The good old dakiya is in for a corporate makeover. Out goes dull khaki, in come baseball caps and a colourful uniform. …

Mobile Phone — Representational Image (Pixabay Image)

Now, 112 will be India’s national emergency number

.Timesofindia.indiatimescom
Mar 29, 2016
NEW DELHI: India has decided to adopt ‘112’ as the national emergency number, similar to ‘911’ in the US and ‘999’ in the UK, with the inter-ministerial telecom commission giving a go-ahead to the move. …

Digital India Summit: Post Offices pip SBI to have largest core banking footprint, says Ravi Shankar Prasad

Economictimes.indiatimes.com

Mar 22, 2016
Listing out the achievements of the Government as it looks to complete two years in power, Minister for Communication and Information Technology, Ravi Shankar Prasad today said during his tenure and because of a sustained push, 20494 post offices have been connected under core banking solution, which is more than the 16333 enabled core banking branches of State Bank of India (SBI). …

Mr. Adam Neumann, Founder WeWork (Start Up India Participant) call on the Prime Minister, Shri Narendra Modi, in New Delhi on January 15, 2016. (Image Courtesy: pib website)

Prime Minister Narendra Modi starts up new business era with tax breaks and mega fund

Timesofindia.indiatimes.com
Jan 17, 2016
NEW DELHI: The government on Saturday unveiled a raft of measures – ranging from tax waiver for three years, ending inspector raj and a mega fund — to help boost the start-up eco-system.
The 19-point action plan, which was announced by Prime Minister Narendra Modi after a day-long event, came with the promise that the government will only play the role of a facilitator and not burden entrepreneurs with complicated compliance requirements. …

Conference on Digital India (Image Courtesy: Digitalindia website)

Govt launches 22 new schemes under Digital India programme

Livemint.com
Initiatives in areas such as digital infrastructure, digital empowerment and on-demand govt services unveiled
Dec 29, 2015
New Delhi: The government on Monday expanded its Digital India programme, launching new initiatives and broadening the scope of existing ones, to make more services accessible to the masses. …

Water flowing from tap — Water Flowing from Tap (Representational Image from Pexels.com)

Govt mulls Europe-style water law to save resource

Timesofindia.indiatimes.com
Nov 24, 2015
NEW DELHI: Concerned by the future projections of water availability in India, the government is mulling the legislation route to save the scarce resource from depleting any further. It plans to come out with a new draft National Water Framework Bill – on the lines of the one in effect in Europe – and improvising on the existing draft law of 2013. …

Ball set rolling for Lokayukta’s removal

Thehindu.com
November 18, 2015
BENGALURU: Legislators on Tuesday initiated the process of impeachment of Lokayukta Justice Y Bhaskar Rao by submitting petitions seeking his removal to the Assembly Speaker and the Council Chairman. …

Cross mark is now NOTA symbol Timesofindia.indiatimes.com
Sep 20, 2015
AHMEDABAD: The ‘None Of The Above’ (Nota) option on electronic voting machines (EVMs) finally got its own symbol — a small ballot paper with a black cross on it. The Nota symbol will make its debut in the forthcoming Bihar assembly elections and Surat bypolls. …

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CONSUMER FORUM: Doctors asked to pay Rs 3.2 lakh for medical negligence …

16/08/2016 Comments Off on CONSUMER FORUM: Doctors asked to pay Rs 3.2 lakh for medical negligence …

CONSUMER FORUM NEWS

Doctors asked to pay Rs 3.2 lakh for medical negligence
Consumer forum directs firm to pay Rs13.5 lakh to widow
Consumer forum orders 3-yr imprisonment to builder
More …

Go to NEWS.

LANDMARK JUDGEMENT – Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. – SC Judgment dated 04.12.2015 – New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. >>> Supreme Court Judgments

Doctors asked to pay Rs 3.2 lakh for medical negligence

Indiatoday.intoday.in
August 2, 2016
Thane (Maha), Aug 2 (PTI) The Thane District Consumer Forum has directed two doctors to pay a compensation of Rs 3.20 lakh to a Kochi-based woman for medical negligence.
Consumer Forum President Sneha Mhatre and member N D Kadam, in their order, last week, held that the two doctors, Baliram Parsewar and orthopaedic surgeon Bharat Rathod, were deficient in their services. …

Consumer forum directs firm to pay Rs13.5 lakh to widow

Tribuneindia.com
Amritsar, July 10, 2016
The District Consumer Disputes Redressal Forum has directed a private insurance company to pay Rs.13,50,000 to the widow of a person, who died eight days after purchasing the policy. …

Consumer forum orders 3-yr imprisonment to builder

Timesofindia.indiatimes.com
Jul 5, 2016
Bhopal: District Consumer Dispute Redressal Forum on Monday ordered three-year imprisonment and slapped a fine on Vivek Malhotra, a partner in Girija Colonizers, for ignoring State Consumer Dispute Redressal Commission’s orders. …

Man gets Rs 100 per day compensation for banks’ deficient

Hindustanteims.com
Jun 14, 2016
A consumer court in Thane has ordered the Union Bank of India branch at Dombivali and Punjab National Bank at Jaunpur in Uttar Pradesh to pay a compensation of Rs 100 per day from June 7, 2014 to a complainant for deficiency in services. …

Builder gets 3 years in jail for defying consumer court orders

Timesofindia.indiatimes.com
May 12, 2016
Pune: The consumer court here sentenced a developer to three years’ imprisonment on Wednesday for wilful and deliberate defiance of its order and orders passed by the state and national consumer commissions. …

Consumer forum issues bailable warrants against Sony MD

Tribuneindia.com
Jalandhar, May 4, 2016
The District Consumer Disputes Redressal Forum has issued bailable warrant of arrest against the MD of Sony India Pvt Ltd, New Delhi, for failing to appear in a case pertaining to a defective 3D LED TV purchased by a local resident since the past nearly four and a half years. …

Consumer complaint? Courts aside, social media’s the new activism forum

Hindustantimes.com
Apr 18, 2016
The best bet for a swift response over a faulty product or service is to drag it to social media — the people’s court in this digital age — and share it extensively and force the brand to take notice. …

Consumer forum slaps Southern Railway with Rs 30,000 fine

Timesofindia.indiatimes.com
Apr 15, 2016
CHENNAI: A consumer forum in Chennai has slapped Southern Railway with a fine of Rs 30,000 for wrongly fining a couple for ticketless travel.
Thendral Kumar and Saranya Thendral Kumar said they were travelling in a first class ticket in Rockfort Express from Trichy to Egmore on September 6, 2013. …

Panel fines S Rly Rs15k for allowing unreserved travel

Timesofindia.indiatimes.com
Mar 30, 2016
Chennai: A consumer forum has slapped Southern Railway with a fine of Rs 15,000 for allowing unreserved passengers to travel by a reserved coach. A Srinivasan of Hasthinapuram said he and his wife – both senior citizens – were travelling by the Sanghamaitra Express from Bengaluru to Chennai Central in a sleeper class coach on February 24, 2015. …

Failure to provide veg food trays to 2 children costs Railway Rs 15,000

Indianexpress.com
March 07, 2016
Jagjit Singh, 47, a resident of Mohali, was travelling along with his family.
Not providing vegetarian food trays to two children travelling by Kalka Shatabdi has cost the Northern Railway as the consumer court has directed it to pay a compensation of Rs 15,000, including the cost of litigation, to the complainant….

Refund Rs 466, pay Rs 10,000 relief, CCD (Cafe Coffee Day) told

Tribuneindia.com
Mohali, February 29, 2016
The District Consumer Disputes Redressal Forum here has directed Cafe Coffee Day (CCD) to refund Rs 466 to a Chandigarh resident along with interest at 9 per cent and pay a lump sum compensation of Rs.10,000 for mental agony, harassment and cost of litigation. …

Pay Rs 64,000 to woman robbed on train to Vapi, Mumbai consumer forum tells Western Railway

Timesofindia.indiatimes.com
Jan 19, 2016
MUMBAI: In a rare instance, a consumer forum has ordered the Western Railway to pay a compensation of Rs 64,000 to a Valsad woman and her four-year-old son after they were robbed at knifepoint in the first-class compartment of the Vapi passenger train as it left Bandra station in 2014. …

Can’t give beyond 45 days for replying to complaint in consumer cases: Supreme Court

Indianexpress.com
December 9, 2015
On receiving the complaint, the court said, the opposite party is required to be given notice directing him to give his version within 30 days.
In what will help speed up decisions in consumer cases, Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. …
More: LANDMARK JUDGEMENT – Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. – SC Judgment dated 04.12.2015 – New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. >>> Supreme Court Judgments

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RESERVATION: Are meritorious SC, OBCs being short-changed? …

12/08/2016 Comments Off on RESERVATION: Are meritorious SC, OBCs being short-changed? …

Reservation News

Are meritorious SC, OBCs being short-changed?
Supreme Court: 3 per cent quota for disabled must in all posts
tate not bound to give reservation in promotion to SC,ST: Supreme Court
Nitish Kumar keeps election promise, rolls out 35 percent reservation for women

Go to NEWS.

RECENT JUDGEMENTS

SC: “… … we declare the impugned memoranda as illegal and inconsistent with the 1995 Act. We further direct the Government to extend three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts.” – SC Judgment dated 30.06.2016 – Rajeev Kumar Gupta & Others Vs. Union of India & Others
SC: “ … … it would be open to the concerned authority, namely, the State and the Banks to consider whether their demand is justified and it is feasible to provide reservation to SC/ST category persons in the matter of promotion in the officers’ category and if so, up to which scale/level.” – SC Judgment dated 08.01.2016 – Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors.

Benefits of Reservation on Reconversion – SC: “… we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.” – SC Judgment dated 26.02.2015 – K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate
>>> Court Judgements on Service Matters

Are meritorious SC, OBCs being short-changed?

Timesofindia.indiatimes.com
Jul 29, 2016
NEW DELHI: The national commission for SCs is examining if the Centre is using the concessions given to Dalits and backwards to appear in examinations as the basis to classify them as “reserved candidates” irrespective of merit. …

Supreme Court: 3 per cent quota for disabled must in all posts

Indianexpress.com
July 04, 2016
The court was ruling on two petitions which challlenged this policy in recruitment to state-run Prasar Bharati. S K Rungta, the only visually impaired senior counsel in the country, led the legal challenge.
QUASHING THE central government’s earlier orders on restricting reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has ruled that three per cent reservation shall be provided to them in all posts and services under the Government of India. …

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State not bound to give reservation in promotion to SC, ST: Supreme Court

Hindustantimes.com
Mar 11, 2016
The state is not duty-bound to give reservation in promotion to Scheduled Caste and Scheduled Tribe employees, the Supreme Court said on Friday. …

Digvijay bats for OBC job quota in private sector

Business-standard.com
February 10, 2016
Congress leader Digvijay Singh today backed reservation in private sector jobs for candidates belonging to Other Backward Classes (OBCs), but advised the Centre to take corporates into confidence before acting on a central panel’s recommendation in this regard. …

Nitish Kumar keeps election promise, rolls out 35 percent reservation for women

Indianexpress.com
Jan 20, 2016
In the latest decision, the government said, the 35 per cent reservation extended to women on posts of police constable would now be extended to cover other state government vacancies, too. …

The Minister of State for Home Affairs, Shri Haribhai Parthibhai Chaudhary receiving the Guard of Honour, at the 23rd Rapid Action Force day, at 99BN RAF campus, Hakimpet, in Hyderabad on October 07, 2015. The DG-CRPF, Shri Prakash Mishra is also seen. (Image Courtesy: pib website)

Government okays quotas for women in paramilitary

Timesofindia.indiatimes.com
Jan 6, 2016
NEW DELHI: The government on Tuesday took an important step to improve gender equality in the paramilitary by approving reservation of 33% women at the constable rank in two major central paramilitary forces CRPF and CISF and also setting a 15% quota in the border forces BSF, SSB and ITBP. …

Caste Is Inhuman — (Image Courtesy: Demotix.com)

20 years after Mandal, less than 12% OBCs in central govt jobs

Timesofindia.indiatimes.com
Dec 26, 2015
CHENNAI: More than two decades after implementation of Mandal commission report, which mandates 27 percent reservation for OBCs in central government jobs, an RTI data shows that less than 12 percent of employees of central government ministries, departments and statutory bodies are from other backward classes (OBCs) as on January 1, 2015. …

MPs, MLAs fall in OBC ‘creamy layer’, panel says Timesofindia.indiatimes.com
May 6, 2015
NEW DELHI: Children of past and present members of Parliament and state legislators should not be eligible for OBC reservations, the National Commission for Backward Classes (NCBC) has recommended. …

Raise ‘creamy layer’ to Rs 10.5 lakh: OBC panel Timesofindia.indiatimes.com
May 5, 2015
NEW DELHI: The national commission for backward classes has asked the Centre to raise the ‘creamy layer’ criterion for OBCs from the present annual salary of Rs 6 lakh to Rs 10.50 lakh. …

Ensure SC, ST reservation in empanelment of babus: Par panel Business-standard.com
April 30, 2015
Dismayed over the dismal representation of SC and ST officers in top echelon of the bureaucracy, a parliamentary committee today asked the government to make mandatory reservation in empanelment in the secretary-level appointments. …

Submission of Fake Caste Certificates
New Delhi, April 22, 2015
Information about appointments secured on the basis of fake/false caste certificates is not centrally maintained.
However, the Central Government had undertaken a one-time exercise to collect information about appointments secured on the basis of fake/false caste certificates in the year 2010. As per information received from various Ministries/Departments etc. 1832 appointments were allegedly secured on the basis of fake/false caste certificates. Disciplinary proceedings had been instituted in all the cases. It was reported that out of the above 1832 cases, 276 had resulted in suspension/removal etc, whereas 521 cases were entangled into litigations and in remaining 1035 cases disciplinary proceedings were pending.

The Government instructions provide that an appointing authority should verify the caste status of SC/ST/OBC candidates at the time of initial appointment as well as at the time of promotion.
Chief Secretaries of States/Union Territories have been requested to issue instructions to the District Magistrates/ District Collectors/ Deputy Commissioners of the Districts to the effect that when asked to verify the veracity etc. of caste certificates, they should ensure at their own level that veracity of the caste/community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. In order to rule out collusion between candidates holding false/forged certificate and employees at the district level or sub-district level, disciplinary proceedings may be initiated against officers who default in timely verification of caste status in such cases or issue false certificates.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Rattan Lal Kataria in the Lok Sabha today.
(Source: pib press release)

24 years later, fake claim costs man his job Timesofindia.indiatimes.com
Mar 19, 2015
AHMEDABAD: Ishwar Baviskar’s caste certificate obtained on basis of fake caste claim got him a job with Nadiad municipality over two decades ago. But his enthusiasm for using atrocity laws against politicians and colleagues has proved to be his undoing. …

Hindu reconvert gets SC benefits Economictimes.indiatimes.com
27 Feb, 2015
NEW DELHI: In a ruling that would stoke the debate over religious conversion and reconversion, the Supreme Court on Thursday ordered that a Christian who reconverted to Hinduism be given back his Scheduled Caste benefits. …

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