Wednesday,
March 21, 2001, Chandigarh, India |
|
HIGH COURT Chandigarh, March 20 Taking up the report, Mr Justice S.S. Nijjar of the Punjab and Haryana High Court issued notice of motion to Haryana’s Advocate-General for April 20. The ASJ stated that the accused were also being released after obtaining an order of discharge or were being let off after getting an order of release at Magistrate’s level. He added that this was unlawful, besides being contrary to the rules of the Supreme Court and Punjab and Haryana High Court. Referring to a case, the ASJ stated that three Garhi village residents, accused of murdering one Balbir Singh, were placed in column No 12 of the challan (meant for suspects not to be challaned) even though there was no reason to do so. He added that an application of discharge moved by the police had earlier dismissed by the magistrate. The accused were, however, ordered to be released after the police failed to apply for further judicial remand. Sainik Board Secy’s sack quashed Quashing the orders terminating the services of Brig Satya Dev as the Secretary of Haryana’s Rajya Sainik Board, Mr Justice Amar Bir Singh Gill and Mr Justice V.S. Aggarwal of the High Court today ruled that “the petitioner would be deemed to be in service as if no such order was passed.” Challenging the orders, the petitioner had earlier stated that his services were terminated at the behest of the Chief Minister as he was closely related to the President of the state Congress unit, Mr B.S. Hooda. He had added that the order was passed without serving a show-cause notice upon him. Pronouncing the orders, the Judges observed: “What suddenly prompted the state government to terminate the services of the petitioner is not justifiable in the circumstances of the case. It is well settled principle of jurisprudence that the service conditions cannot be changed to the disadvantage of an employee subsequent to his employment and as such the action of the respondents in terminating the services of the petitioner solely on the ground that the appointment was not in accordance with the guidelines appears to be a excuse.” In their detailed order, the Judges observed: “If otherwise, there was nothing against the petitioner and his appointment letter in any manner did not reconcile with the guidelines, the same could have been modified.” The Judges added: “It has been mentioned that the Chief Minister was not aware of the guidelines. It is not expected that the CM’s staff did not brief him on the subject before he wrote a demi-official letter to the Defence Minister of the country.” “The act of the respondents in the circumstances is not tenable under the law as the service of the petitioner has been terminated without following the rules and the order passed is arbitrary and needs to be quashed.” Earlier during the proceedings, Mr Anil Malhotra had stated on behalf of the Director-General (Resettlement) with the Ministry of Defence that the Secretary’s post was to fall vacant this month when Brig Satya Dev was due to retire. SSP told to give report in 14 days Directing Ropar’s Senior Superintendent of Police to get a probe conducted into allegations of harassment by a police official investigating a case filed by a housewife against her in-laws and other respondents, Mr Justice S.S. Nijjar of the High Court today directed him to submit his report within 14 days. Pronouncing the directions on a petition filed by Ms Parvez of Ropar district, Mr Justice Nijjar observed that it would be proper to hand over the investigation to higher authorities in view of the allegations made against the police official conducting the investigation. Seeking the cancellation of anticipatory bail granted by the Sessions Court to the respondents, the petitioner had earlier alleged that she, along with her parents were being pressurised. |
| Punjab | Haryana | Jammu & Kashmir | Himachal Pradesh | Regional Briefs | Nation | Editorial | | Business | Sport | World | Mailbag | In Spotlight | Chandigarh Tribune | Ludhiana Tribune 50 years of Independence | Tercentenary Celebrations | | 121 Years of Trust | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |