NEIGHBOURHOOD

MC general house
Open to all, but only on paper
Umesh Dewan
Tribune News Service

Patiala, November 2
More than four years after the Right To Information (RTI) Act came into force in 2005, the local municipal corporation authorities have failed to comply with some obligations under section 4 (1) of the Act.

As per the Act, it is compulsory for every public authority to put details mentioned in section 4 (1) of the Act on its website.

It is essential for the corporation to put names, office details and contact numbers of the public information officer, the first appellate authority, the RTI cell superintendent and the zonal assistant public information officers on its website.

The Act further reads that every public authority is bound to disclose the items specified in rule 4 (1) of the Act.

It is mandatory to put information about powers and duties of civic officers and employees, the monthly remuneration received by each of them and a directory of their contact numbers on its website.

The civic body still does not have an official website. Some corporations in Punjab, including those of Amritsar and Ludhiana, have been complying with guidelines.

While Patiala municipal commissioner Manjt Singh Narang was not available for comment, mayor Ajit Pal Singh Kohli admitted that the civic body had been lagging behind in terms of having its website.

The process to launch a full-fledged website was under progress, he claimed. Once the website was launched, they would put all information mandatory under the Act on the website, he added.

Not only the civic body, but the Patiala improvement trust had also failed to comply with the guidelines under the Act.

There was no official website of the trust.

Chandigarh, November 2
The Punjab and Haryana High Court has held that departmental proceedings can continue during the pendency of a criminal charge.

The ruling came on a petition filed by ex-constable Suba Singh against the state of Punjab. Departmental proceedings were initiated against him in 1981, when he was posted in Ferozepur, on the allegation of abusing and slapping an inspector. Ferozepur Senior Superintendent of Police dismissed him from service after the enquiry.

Justice MM Kumar asserted: “The sole question of law raised in the appeal is whether departmental proceedings could continue during the pendency of criminal charge.”

A trial court after examining the evidence had expressed the opinion that departmental proceedings could not continue if the criminal charge were pending. Aggrieved by the order of the trial court, the respondent-state preferred an appeal, which was allowed and the findings were reversed.

According to the lower appellate court, the departmental proceedings and criminal proceedings could progress side by side and there was no bar in the police rules to the adoption of such a course.

“The departmental proceedings were concluded on January 12, 1982, whereas the plaintiff-appellant was acquitted in the criminal case on July 24, 1984. It was further noticed the plaintiff-appellant was acquitted for want of proof beyond reasonable doubt,” the court ruled.

Justice Kumar asserted: “Feeling aggrieved, the plaintiff-appellant had filed the instant appeal. Having heard the state counsel and perusing the record with his able assistance, I am of the considered view that there is no merit in the instant appeal and the same deserves to be dismissed.”

He said: “The trial court has only taken into account the fact since the plaintiff-appellant was acquitted in criminal case, therefore he was also liable to be exonerated in the departmental proceedings because the charges in the departmental enquiry were the same. The view taken by the trial court cannot be subscribed because in the departmental enquiry witnesses have been examined and full opportunity to the plaintiff-appellant was given.

“Moreover, the plaintiff-appellant was a member of disciplined force and was working as a constable. Therefore, proceedings in departmental inquiry cannot suffer undue delay. The question of law raised in the instant appeal is answered against the plaintiff-appellant and in favour of the respondent state.”

Chandigarh, November 2
An aspirant for guest science teacher’s job opened a new chapter in forgery by not only tampering with his detailed mark certificate (DMC), but also having the audacity to move the Punjab and Haryana High Court for its stamp of approval on it by seeking job on the basis of that fake DMC. But the move apparently backfired.

Closing the chapter, Justice Ranjit Singh directed the initiation of criminal or other proceedings and imposed a fine of Rs 10,000 on the petitioner.

Challenging the appointment of a guest master in a petition against the state of Haryana and others, petitioner Sandeep Rathee had sought directions for his own appointment.

Taking up the matter, Justice Ranjit Singh asserted: “The actual fact would be apparent from the reply filed on behalf of a respondent. It is disclosed the petitioner manipulated the attested photocopy of the final DMC of his B.Sc results. It is pleaded the petitioner had produced a forged and fabricated mark-sheet. When the petitioner continued to dispute the actual marks obtained by him in B.Sc., directions were issued to the Registrar, Kurukshetra University, to intimate the marks obtained by the petitioner year/subject-wise.

“The inquiry conducted by the University has now been placed on record and would show the actual fact. The enquiry has found tampering in the DMC issued to the petitioner. Finding this, a committee has recommended that the DMC and degree issued in respect of the mentioned roll number be cancelled with immediate effect. The committee has further recommended that there is a clear case of tampering with the documents and forgery, for which the University may file an FIR against the petitioner.

“There is, thus, no merit in the plea raised by the petitioner to seek his appointment as guest science teacher. The petitioner has been found to have forged his DMC, which is a serious issue. This issue cannot be left at that. The act and conduct of the petitioner would disclose commission of serious criminal offences. The university and the state, therefore, would be under obligation to bring this case to its logical conclusion.”

“Directions are issued to the respondent-state and the university to proceed further against the petitioner by initiating criminal and/or other proceedings to cancel the degree etc.

Needless to observe the action against the petitioner would follow by observing due process of law, giving proper opportunity to the petitioner. The writ petition shall stand dismissed. The petitioner shall pay the costs of this litigation, which is assessed as Rs 10,000,” the court ruled.

Chandigarh, November 2
The Punjab and Haryana High Court has ruled that the benefit of 10-year practice at the Bar would be admissible to judicial officers only on superannuation, but not if they are “retired in public interest”. The ruling came on a petition filed by retired Additional District and Sessions Judge Padam Kumar Jain against the State of Punjab and others.

The Division Bench of Justice Adarsh Kumar Goel and Justice Daya Chaudhary ruled: “The appellant was working as Additional District and Sessions Judge and was made to retire prematurely with effect from March 20, 1996, by the Punjab Government following the recommendation of the Punjab and Haryana High Court.”

Post-retirement, Jain’s claim for monthly pension was rejected. Then, he filed a plea contending that 10 years of practice at the Bar was not added at the time of granting monthly pension for qualifying period of service for the purpose of granting retirement benefits. He also contended that 18 per cent interest should have been awarded in place of the 6 per cent given to him.

Justice Daya Chaudhary said: The benefit of 10 years' practice at the Bar is admissible only on superannuation in terms of notification dated February 22, 1990. Since the appellant was retired in public interest and not on superannuation, he was not entitled to the benefit of 10-year practice at the Bar.” The Bench mentioned that in terms of Rule 6.16 of Punjab Civil Services Rules (Vol II), the appellant had already been granted service gratuity and death-cum-retirement gratuity, as admissible to him. “We do not find any ground to interfere with the view taken by the Single Judge. Therefore, the appeal is dismissed,” the Bench ruled. 

Chandigarh, November 2
Thieves decamped with a camera and other electronic gadgets from Rajput Bhawan in Sector 25.

Surinder Kumar of Sector 15, Panchkula, reported that someone had stolen the digital camera, four mobile phones and a bag containing gifts items from Rajput Bhawan during the intervening night of October 30 and 31.

Panchkula, November 2
The Chandi Mandir police has seized a consignment of around 8,500 bottles of liquor while it was being smuggled from Chandigarh to Rajasthan in a canter.

Three persons were also nabbed in this connection. Two of them were escorting the canter in a Verna car.

The value of the contraband was around Rs 14 lakh. According to Chandi mandir SHO Jang Sher, the police laid a naka near Nada Sahib gurdwara.

On checking the canter, it was found that liquor was loaded in the vehicle. On being asked, the driver could not present documents.

Panchkula, November 2
Anjali of Punjab was adjudged the best gymnast in the All-India Mahatma Hansraj Aryan Inter- Zonal Tournament for Girls being organised here today.

Anjali won a gold, silver and a bronze medal in the uneven bar, vaulting table and the floor exercise, respectively. Ishika and Asrushi of New Delhi bagged the second and third prizes, respectively.

In the Yoga events Panchkula and Punjab zones bagged the first and second prizes, respectively. Garoma, Shabnam, Anjali, Alka Dhiman, Neha, Shiva Rana, Sonia and Saloni played for the Panchkula team whereas Kiran, Arjoo, Dilraj, Aryavani, Pritika, Ridha, Mahima, and Gurpreet played for the Punjab team.

Delhi bagged the first position in table tennis, volleyball and kho kho championship and secured second position in the basketball events. Similarly, Punjab secured first position in the basketball and second in the Yoga and volleyball competitions, respectively.

The Bihar zone secured the first and second position in the badminton and kho-kho events while Haryana zones bagged the first position in table tennis while Himachal Pradesh bagged second position in badminton.

In the gymnastics team championship Punjab secured the first place while New Delhi secured the second.

The detailed results of gymnastics:

Gymanastics floor exercise: Ishika, New Delhi (first); Urmila, Jalandhar (second); Anjali, Jalandhar (third).

Vaulting table : Aarushi, New Delhi (first); Anjali, Jalandhar (second); Khushi, New Delhi (third).

Balancing beam: Urmila, Jalandhar (first); Ishika, New Delhi (second); Ankita, New Delhi (third).

Uneven bar: Anjali, Jalandhar (first); Urmila, Jalandhar (second); Robin, Jalandhar (third).

All-round best gymnast: Anjali, Jalandhar (first), Ishika, New Delhi (second), Aarushi, New Delhi (third).