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H A R Y A N A |  |
 Saturday, December 12, 1998 |
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SC quashes Rathore's
indictment |
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HC notice
to Haryana Home Secy Threat
of govt action unites employees Congress
chief flays Govt on ESMA ICAR
team all praise for HAU Six
IAS officers shifted Teachers'
dharna postponed Action
against 140 MA students |
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SC quashes Rathore's
indictment CHANDIGARH, Dec 11 — The Supreme Court has quashed the judgements of the Punjab and Haryana High Court and the inquiry report of the Karnal Sessions Judge indicting Mr S.P.S. Rathore, Haryana's Additional Director-General of Police (suspended), for granting parole to a murder convict, Dhiraj Pahwa, on flimsy grounds and in violation of law. Mr Justice R.N. Kirpal and Mr Justice Syed Shah Mohammed Quadri, who delivered this order on December 7 ( a copy of which was available here today), ruled: "Having heard learned counsel for both parties, in our opinion the High Court ought not to have passed any stricture against the petitioner herein, especially in view of the fact that he was not a party in the revision which had been filed before the High Court and he had, therefore, got no opportunity of defending himself. In view of this matter, the remarks made by the High Court in the judgement dated October 16, 1998, against the petitioner are directed to be deleted. As a consequence thereof, further proceedings taken against the petitioner in consequence thereof would also stand quashed". Mr Rathore had contested the two orders of the Punjab and Haryana High Court and the inquiry report of the Sessions Judge, Karnal, and the chargesheet served on him by the Haryana Government before the apex court. Dhiraj Pahwa was convicted by the Ambala Sessions Judge on February 9, 1995, for murdering Tejendra Singh and was sentenced to life imprisonment. Pahwa was released on parole by the Ambala jail superintendent for one week and thereafter his parole was extended by Mr Rathore for two weeks due to the serious illness of his mother and again on March 21, 1995, for two weeks due to the death of his grandmother. Subsequent parole were granted by other Director-General of Prisons, Mr Budh Ram Fansal and Mr Ramesh Sehgal. Mrs Jagjit Kaur, mother of the deceased, had filed a petition in the High Court for cancellation of the parole granted to Pahwa nearly a week after the second extension of parole was sanctioned by the petitioner. Mr Justice P.K. Jain had directed the Karnal Sessions Judge on October 16, 1996, to hold an inquiry into the existence or otherwise of the grounds for release of the convict on parole, without arraigning the petitioner as party to the criminal miscellaneous petition. Mr Jain, Sessions Judge, without joining the petitioner in the proceeds gave his finding on June 26, 1997, that the grounds on which parole to Pahwa was extended were non-existent and cooked up. Mr Justice Jain passed the second order on January 16, 1998, condemning all jail authorities, including the petitioner, for granting parole in violation of law and directed the Chief Secretary to initiate appropriate department proceedings against all the officers named and found responsible for various violations. The Haryana Government had
singled out Mr Rathore and placed him under suspension on
June 5 and charge-sheeted him under rule 8 of the
All-India Service Rules and appointed a regular inquiry
officer to hold proceedings against him. |
Bonanza for low-potential housing
zone CHANDIGARH, Dec 11 — The Haryana Cabinet, which met here yesterday under the chairmanship of Mr Bansi Lal, approved the proposal of the Town and Country Planning Department to waive infrastructural development charges and reduce the rates of conversion charges and licence fee for residential, institutional, recreational and commercial land uses in the low potential zone of the State, other than the controlled areas of Gurgaon, Faridabad, Panchkula, Manesar, Sonepat, Panipat and Bahadurgarh towns. The rates of conversion charges for various land uses in the agriculture zone of the controlled areas of low potential areas would be reduced by 50 per cent of the existing rates. If the areas are in conforming zone, the rates will be halved further. The licence fee for such low potential areas has also been reduced from Rs 1 lakh per acre to Rs 25,000 per acre in case of plotted residential colony, from Rs 1.25 lakh per acre to Rs 30,000 per acre in case of group housing colonies and from Rs 15 lakh per acre to Rs 6 lakh per acre for commercial pockets. The Cabinet also decided not to levy infrastructural development charges in low potential zone. The Cabinet also revised the existing rates of licence fee, conversion charges, scrutiny fee and service charges for industrial use. In high potential zone, the licence fee for Haryana State Industrial Development Corporation (HSIDC), private developers and the Haryana Urban Development Authority (HUDA) has been reduced to half. Now it will be Rs 50,000 per gross acre as compared to the existing Rs 1 lakh in high potential zone. The scrutiny fee would be Rs 10 per sq mtr for private developers and individual applicants, whereas the service charges will also be Rs 10 per sq mtr for the HSIDC, HUDA, private developers and individual applicants. The conversion charges will be Rs 40 per sq mtr on national highways, scheduled roads and other roads excluding the area under statutory green belt in case of the HSIDC, HUDA and private developers. This rate will be Rs 60 per sq mtr in case of individual applicants. In medium potential zone, the licence fee would be Rs 20,000 per gross acre for the HSIDC, HUDA and private developer. The conversion charges will be Rs 20 per sq mtr for the HSIDC, HUDA and private developer for national highway, scheduled roads and other roads excluding the area under statutory green belts. The scrutiny fee will be Rs 10 per sq mtr in case of private developer and individual applicant. Similarly, the service charges will be Rs 10 per sq mtr in case of the HSIDC, HUDA, private developer and individual applicant. In low potential zone, the
licence fee has been reduced to Rs 5,000 per acre for the
HSIDC, HUDA and private developers. The conversion
charges for the HSIDC, HUDA and private developer for
national highways, scheduled roads and other roads,
excluding the area under statutory green belt, will be Rs
5 per sq mtr in case of private developer and individual
applicant. Service charges will also be Rs 10 per sq mtr
in case of the HSIDC, HUDA private developer and
individual applicant. |
New scales for teachers CHANDIGARH, Dec 11 — The Haryana Education Minister, Mr Ram Bilas Sharma, today disclosed that the Haryana Government had granted revised pay scales to the employees of privately managed aided schools recognised by the Haryana Government with effect from January 1, 1996. He said the replacement scales were based on the functional pay scales of the categories of the posts. In any case, replacement should not be given on the pay scales being enjoyed by the employees on personal measure. In the case of employees of institutions which incurred losses for three years or more out of preceding five years from 1993-94 to 1997-98, the matter was being considered separately. Arrears of pay from January 1, 1996, to February 28 last for the employees of the institutions would be deposited in the Provident Fund accounts of the employees and would not be allowed to be withdrawn at least for one year from the date on which the arrears are deposited, whereas the arrears with effect from March 1 would be paid in cash. He said the dearness allowance, house rent allowance, CCA and all other incentives to the employees of all institutions would not exceed those admissible to the State Government employees under any circumstances and would not be made effective or applicable from a date earlier than the State Government's decision in this regard. In respect of the employees retired in between January 1, 1996, and November 30 last, the arrears would be paid to them as per notification or instructions issued by the State Government in this regard. The concept of special pay allowed with certain posts in the State Government is being considered by the Government separately so the decision in this regard for the employees of institutions will be taken thereafter. The option for adopting
the revised pay scales should be exercised by the
employees within three months. |
HC notice to Haryana Home
Secy CHANDIGARH, Dec 11 — Mr Satpal Kadian, a resident of Rohtak, has preferred a public interest litigation in the Punjab and Haryana High Court seeking a CBI probe into the withdrawal of criminal cases by the Haryana Government against powerful politicians and hardened criminals. Mr Justice R.S. Mongia and Mr Justice S.S. Sudhalkar, before whom the petition came up for hearing yesterday, issued notice to the Haryana Financial Commissioner and Home Secretary for January 19. Mr Kadian, who impleaded among others Chief Minister Bansi Lal, Home Minister Mani Ram Godara, PWD Minister Karan Dalal, Mr O.P. Jindal (ex-MP) and former Deputy Commissioner Roshan Lal, alleged mala fides and biased reasons for the withdrawal of these cases and sought directions from the court for punishing the culprits in accordance with the law. He also sought action against the Chief Minister, the Home Minister and others for abusing the power vested in them for their personal interest. The petitioner cited 40 such withdrawn cases concerning such heinous crime as murder, attempt to murder, rioting, deliberate assault on government servants, crime against women like demand for dowry, forgery, criminal breach of trust, cases under the Arms Act and the Essential Commodities Act. The petitioner averred that "these politicians who have ascended to power through the democratic process have tried to hit the basic foundation of democracy by withdrawing even those cases which constitute offences under the Representation of the People Act". He also cited cases under the Prevention of Corruption Act to aver that "the persons who were elected on the plank of eradication of corruption have actually encouraged it by withdrawing these cases against dishonest public servants". Quoting a specific case of Panipat, the petitioner alleged that cases concerning crime against women under Sections 498-A, 406 and 506, IPC, were ordered to be withdrawn after "the government procured a favourable recommendation in this case from a lady officer who was working as District Magistrate of Panipat at that time". Quoting legal points in detail, the petitioner submitted that the law did not permit arbitrary, unjustified and indiscriminate withdrawal of criminal cases on consideration other than merit and that the withdrawal, if permissible, would be only on grounds of public interest. Mr Kadian quoted the Supreme Court to say: "Criminal justice is not a plaything and criminal court is not a playground for politicking. Political fervour should not convert prosecution into persecution, nor political favour reward the wrong-doer by withdrawal from prosecution." The petition went into the details of four cases concerning murder, attempt to murder, TADA and the Arms Act against Mr Gurmesh Bishnoi, an alleged political associate of the Chief Minister and Home Minister. Details of two cases against PWD Minister Karan Singh Dalal concerning booth capturing under the provisions of the Representation of the People Act and assault on government servants under the IPC have also been cited. The petition questioned the legality of the withdrawal orders without the concurrence of the Union Government when the cases concerning the Representation of the People Act, TADA, Arms Act, etc were within its domain. Since prosecution under the Prevention of Corruption Act and the Arms Act can be done only after the sanction of the District Magistrate or the authority concerned and any order or recommendation of withdrawal by another District Magistrate would be questionable. Another grim aspect of the impact of the withdrawals on the law and order situation had been mentioned in the petition by comparing the crime figures at the time of the formation of the Bansi Lal government and after the passage of two years. Murder cases had gone up by 77.05 per cent, dacoity by 150 per cent, kidnapping cases by 49.33 per cent, rape by 13.18 per cent and so on. The petition also quoted a specific case of one Umed Singh, a resident of Juglan village in Hisar district, who after the withdrawal of a case, went on to commit a murder in broad daylight. He also cited the
withdrawal of certain cases under the Water Act and the
Air Act concerning environmental pollution also but added
that "the vigilant presiding officer of the special
environment court saw through these illegal orders and
did not allow withdrawal. The petitioner also raised the
pertinent point over the subordination of the public
prosecutor to several authorities like the District
Magistrate, Home Secretary and the Chief Minister who
control their ACRs, postings, transfers and disciplinary
matters. |
Threat of govt action unites
employees ROHTAK, Dec 11 — The Haryana government is likely to take stern action against all the employees who had absented themselves from their respective duties today and participated in the strike. According to highly placed sources the government has asked all the head of departments to submit detailed reports regarding absentees and the reasons for their absence. It is learnt that the government has made up its mind to register cases under ESMA against the employees who had participated in the strike today. The district authorities had video-filmed all the employees taking part in protest march all over the state. It is learnt that the number of such employees did not exceed 1,000. The maximum number of employees were arrested in Hisar while in other districts like Rohtak, Jhajjar, Sonepat, Bhiwani and Jind the number of arrested employees did not cross 500. The employees arrested two days before the strike were booked under Section 107/151 Cr PC and were given judicial remand up to December 12. The government is considering registering cases under ESMA against the employees arrested today. It may be recalled that the state government had already registered cases under ESMA against about 3,000 employees for participating in a one-day strike on September 16 last on a call given by the Haryana Karamchari Mahasangh. About 400 employees of various departments were placed under suspension for taking part in that strike but the affected employees are still waiting for their chargesheets. In fact withdrawal at ESMA and cases registered against the strikers was the main demand of today's strike. The Haryana Government has also decided to strictly follow the "no work, no pay" policy and one day's wages will be deducted from the monthly salary of those who struck work. Now, after the strikes minimal impact in Haryana, the state government has decided to deal with those who struck work firmly. Sensing the mood of the government, the employees were of the view "united we stand, divided we fall". Hence senior leaders of various employees' organisation are trying to unite workers under one banner and the ground is being laid for this. Senior leaders of Sarv Karamchari Sangh and Haryana Kisan Mahasangh, two main organisation of employees, are likely to hold a meeting at Hisar on December 13 to chalk out a plan to constitute a joint action committee. Once the committee is formed other employee organisations will be included in it. If the efforts of these
leaders succeed then the government will have to think
twice before rejecting their demands. |
ICAR team all praise for HAU HISAR, Dec 11 — Dr S.P. Ray Chaudhary, Chairman, Indian Council of Agricultural Research, team has described Chaudhary Charan Singh Agricultural University as the best university. Coming to assess the quantum of assistance to be granted to the varsity during the Ninth Five Year Plan out of ICAR’s development assistance, the team members visited the constituent colleges, laboratories and assessed the on-going programmes of teaching, research and extension. At a wrap-up meeting held with the Vice-Chancellor, Prof J.B. Chowdhury, Deans, Directors and other senior officers, the team member, Mr N.L. Maurya, Additional Director (ADG) said they were glad to see that very important work was on in some of the dilapidated buildings. Confirming his consent on behalf of the ICAR to accord financial sanction for the renovation of all hostels and old buildings, replacement of the worn-out furniture, Dr Ray Chaudhary, said the ICAR would ensure that the present pace of work was not only continued but accelerated according to the day-to-day requirements. Earlier, the Vice-Chancellor, welcomed the team members and expressed his gratitude to the ICAR for strengthening the collaboration with the university. He disclosed that the World Bank team which visited the university recently had also emphasised that the government, in addition to the routine budget, should accord assistance to the university for renovation jobs on the annual basis. The Vice-Chancellor remembered the services rendered by the founder Vice-Chancellor, Mr A.L. Fletcher, Chief Engineer, Mr Mirchandani and the Chief Minister, Mr Bansi Lal for the development of the university. Dr S.R. Poonia, Dean, College of Agriculture, demanded that on the pattern of P.A.U., examination halls for the constituent colleges of the university be constructed. Dr R.K. Dadarwal, Dean, College of Basic Sciences said with the addition of three new departments i.e. Food Science and Technology, Biotechnology and Molecular Biotechnology, as also additional allocation for conducting classes for the senior secondary level, there was an urgent need of the expansion of the college building. Dr M.C. Aggarwal, Chief Engineer, invited the attention of the team members towards the repair of approach and link roads on the campus and renovation of the swimming pool. Dr R.P. Aggarwal, Dean, Post- graduate Studies, demanded that all class rooms and laboratories meant for the postgraduate students should be fully equipped with necessary infrastructures. Mr Chaudhary, Chairman of
the team, disclosed that in the Ninth Five Year Plan, the
contingent fund for postgraduate and undergraduate
students would be enhanced. |
Six IAS officers shifted CHANDIGARH, Dec 11 — The Haryana Government today issued posting orders of six IAS and four HCS officers. Mrs Asha Sharma, Commissioner and Secretary, Archives and Archaeology and Secretary, Boundary Area Committee and member, Sales Tax Tribunal-1, has been given the additional charge of Commissioner and Secretary, Cultural Affairs Department. Mr G Prasanna Kumar, Commissioner, Gurgaon Division, Gurgaon, Special Commissioner, Health and Nutrition, Mewat Area and Managing Director, Haryana Minerals, New Delhi, has been posted as Commissioner, Rohtak Division, Rohtak. Mr P.K. Chaudhery, Commissioner, Rohtak Division, Rohtak and Commissioner and Secretary, Cultural Affairs Department, has been posted as Managing Director of HAFED and Hansi Cooperative Spinning Mills, Hansi, in addition, vice Mr Sajjan Singh, who has been posted as Special Secretary, Rehabilitation-cum-Chief Settlement Commissioner, Haryana. Mr R.R. Jowel, Director, Sports, Student/Youth Welfare and Joint Secretary, Sports, Students/Youth Welfare and Animal Husbandry Departments, has been given the additional charge of Joint Secretary, Industrial Training and Vocational Education Department. Mrs Jyoti Arora, OSD, Land Use Board and Director, Local Bodies, has been given the additional charge of Managing Director, Haryana State Minor Irrigation and Tubewells Corporation (MITC), relieving Mr Ajit M Sharan of the said charge. Mr M K Mahajan, has been posted as OSD (Inquiry Cell), Directorate of Secondary Education, against a vacant post. Mr Hardeep Singh, has been posted as SDO(C) Bahadurgarh, vice Mr Suraj Bhan-II, who has been posted as Secretary, Municipal Corporation, Faridabad, vice Mr Dharam Pal Singh who in turn, has been appointed as SDO(C) Hodal, against a vacant post. Posting orders of the
Commissioner, Gurgaon Division, and Special Commissioner,
Health and Nutrition, Mewat Area, and Managing Director,
Haryana Minerals, New Delhi, will be issued later on. |
Teachers' dharna postponed ROHTAK, Dec 11 — The dharna by University and College Teachers proposed to be held at Chandigarh on December 15 has been postponed. The Haryana Federation of University and College Teachers Organisations (HFUCTO) said in a statement that the dharna has been postponed after an assurance from the Chief Secretary and the Commissioner Education that the revised pay-scales would be implemented soon and teachers would be paid wages for the strike period. HFUCTO convener, Mr Wazir Nehra, said that the Chief Minister has also agreed to the implementation of the revised pay-scales and payment for the strike period. He said the dharna proposed to be held by AIFUCTO in Delhi on December 14, has also been postponed. Leaders of AIFUCTO and officials of the HRD Ministry will meet in two to three days to discuss the implementation of the revised grades. He, however, said in case the government failed to implement the assurances, the university and college teachers would hold a dharna at Chandigarh on January 22. Meanwhile, the MD University Teachers Association (MDUTA), has in a memorandum to the Governor and Chancellor of the university, alleged that the vice-chancellor was victimising the teachers without any provocation. It said Mr S.S. Dahiya, Lecturer, Physical Education Department of the University has been transferred to the Regional Centre, Rewari in 'violation of the rules'. MDUTA has sought the
intervention of the Chancellor in getting the transfer
orders cancelled. |
Congress chief flays Govt on
ESMA CHANDIGARH, Dec 11 — Mr Bhupinder Singh Hooda, President, Haryana Pradesh Congress Committee, has flayed the Haryana Government for invoking ESMA against the strike call given by the trade unions for today. He also condemned the action of the State Government in resorting to indiscriminate arrests of employees leaders for the same. Mr Hooda said invoking of ESMA to silence the employees, agitating for the acceptance for their just demands, was a Draconian step and amounted to interfering with their fundamental rights, granted to them under the Constitution of India. Mr Hooda reiterated the
Haryana Congress Party’s moral support to the
Haryana Government employees’ demands and urged the
Chief Minister, Mr Bansi Lal, not to stand on false
prestige but to arrive at some negotiated settlement with
the employees in the larger interest of effective
functioning of the administration. |
Action against 140 MA students KURUKSHETRA, Dec 11 (UNI) — Kurukshetra University has disqualified about 140 post graduate students from appearing in their examinations for periods ranging from one to three years after it was established that they had used unfair means in the MA examinations of various subjects held in May-June last year. Notifications issued by the Deputy Registrar (Conduct) said that the disqualified students had been barred from appearing in examinations until the specified date. These students would not be allowed to join the next higher class or appear in any other examination till the specified dates. These students were disqualified on the recommendation of the unfair means committee (UMC) constituted to decide individual cases of such students. The disqualified students could appeal against the UMC recommendation to the university Vice-Chancellor within a period of one month. The UMC granting benefit
of doubt to some other students, recommended no action
against them. Lists of such students too have been
notified. |
Five youths arrested SONEPAT, Dec 11 — The Sadar police today foiled an attempt of certain armed youths to commit a dacoity in the house of Mr Randhir by arresting them from their hideout on the Sonepat-Mehlana road here. Superintendent of Police (SP) K. Selvraj told mediapersons that the arrested had been identified as Ashok and Randhir of Kheri Damkan village, Pardeep alias Kala of Mehlana village, Chand of Ashok Vihar, Sonepat, and Abhmanyu of Mehlana road, Sonepat. The police, he said, also seized a Maruti car, two country made pistols, a revolver and four live cartridges from their possession. The SP also disclosed that
during the interrogation, the youths confessed that they
had already stolen a car from Sonepat city. Cases under
various sections of the IPC and the Indian Arms Act had
been registered against them. |
Man shoots wife FARIDABAD, Dec 11 — A man last night shot dead his wife with his double-barrelled gun in Sanjay Gandhi Memorial Nagar. The police said that Tilak
Raj opened fire at his wife Surinder Kaur when she asked
him not to drink liquor. Tilak Raj fled after shooting
her. |
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