Apex court slams Himachal HC for its ‘incomprehensible’ judgment

Apex court slams Himachal HC for its ‘incomprehensible’ judgment

TIMES NEWS NETWORK

Shimla:14.03.2021 

A Supreme Court bench comprising Justices D Y Chandrachud and M R Shah expressed displeasure on Friday at the incomprehensible manner of writing of a Himachal Pradesh high court judgment. It was hearing a special leave petition arising out of an order passed by a division bench of that high court.

The apex court bench said it was constrained to observe that the language in the judgment of the high court was incomprehensible. It added that such orders of the high court as in the present case do a disservice to the cause of ensuring accessible and understandable justice to citizens.

The Supreme Court bench said judgments are intended to convey the reasoning and process of thought that lead to the final conclusion of the adjudicating forum. It said the purpose of writing a judgment is to communicate the basis of the decision not only to members of the bar, who appear in the case, and to others to whom it serves as a precedent, but, above all, to provide meaning to citizens who approach courts to pursue their remedies under the law.

It said that since the HC has affirmed the award of the Central Government Industrial Tribunal (CGIT), it has been able to arrive at an understanding of the basic facts from the order that was challenged before the HC.

“From the record of the court, more particularly the award of the CGIT, it emerges that though a serious charge of misconduct was held to be established against the respondent, it has been interfered with and the high court has dismissed the petition under Article 226,” it added.

The apex court observed in the order that the reasons set out in the judgment of the division bench of the HC dismissing the petition filed under Article 226 of the Constitution fill 18 pages but are incomprehensible.

Full report on www.toi.in

The purpose of writing a judgment is, above all, to provide meaning to citizens who approach courts to pursue their remedies under the law, the SC bench said

Fresh case against tainted govt official

Fresh case against tainted govt official

TIMES NEWS NETWORK

Thanjavur:14.03.2021 

The directorate of vigilance and anti-corruption (DVAC), Thanjavur is working on registering a fresh case against tainted assistant director of town planning department in Thanjavur, R Nageswaran, 52, for amassing disproportionate assets worth several crores.

Deputy superintendent of police (DSP), DVAC, Thanjavur G Manikandan and his team searched the three lockers of Nageswaran at the Indian Overseas Bank (IOB) branches at Thiruverumbur and Thiruvanaikovil in Trichy on Friday.

The search unearthed unaccounted cash of ₹2.26 crore from the three lockers. “He has no accounts to prove the source of the cash. So, we have seized them. The process is on to register a fresh case against him,” Manikandan told TOI on Saturday.

DVAC also verified one of his savings accounts in the bank and found ₹1.12 crore deposited in it. “We have frozen the account,” he said. Nageswaran was arrested for accepting a bribe of ₹25,000 from a resident of Nanjikottai for granting permission for the construction of a commercial building on February 25. He was released on bail following which the police searched the lockers on Friday.

DVAC books health official for graft

DVAC books health official for graft

Madurai:14.03.2021 

The directorate of vigilance and anti-corruption (DVAC) registered a corruption case against deputy director of health services (DDHS), Sivaganga district for acquiring properties worth a few crores of rupees disproportionate to her sources of income. Along with the DDHS Yasodha Mani, her husband Sangaiah has also been booked.

According to the DVAC, she joined government services as health officer in 2007 and was posted as municipal health officer of Vellore municipality. She served two stints in Madurai corporation, first as assistant health officer between 2010-12 and city health officer between 2013 and 2017, before being transferred to Sivaganga district. She had purchased properties mostly under her husband’s name. DVAC in its FIR recently stated that there was no significant properties on her name or her family members until 2010.

She has acquired properties worth ₹2.13 crore disproportionate to her sources of income between 2010 and 2015. During the same period, her income from known sources were just about ₹53 lakh. She had initially purchased a house in Tirupur at the cost of ₹23 lakh. Then the couple purchased a site for ₹50 lakh and also constructed a commercial building at the cost of ₹25 lakh near Thiruparankundram. TNN

Doctor dies hours after hubby gives her injection

PROBE ORDERED

Doctor dies hours after hubby gives her injection

TIMES NEWS NETWORK

Madurai:14.03.2021 

The Madurai city police are probing the death of a postgraduate medical student, who died within four months of her marriage. Since the death happened within a few months after the marriage, a revenue divisional officer inquiry has also been ordered.

A Hari Harini, 26, was pursuing her postgraduation in anaesthesia at the Madurai Medical College. She got married to P Ashok Vignesh from Mela Anupanadi in November 2020. Vignesh is also pursuing his postgraduation in the same college. Meanwhile, Harini developed health problems on March 5 with fever and body pain. Police sources said that Vignesh treated her at his house and gave her an  injection for the body pain.

However, within a few hours, she vomited and fainted. Vignesh with the help of his family members, shifted her to a private hospital near Kamarajar Salai.

As she went unconscious, he and Harini’s family members shifted her to another private hospital at Mattuthavani. However, she died on Saturday.

Based on a complaint from her father Raveendran, a case was registered with the Avaniyapuram police station under the IPC section  (174) – suspicious death and an inquiry was carried out. The body was shifted to the Government Rajaji Hospital for an autopsy.

A police officer said that they did not find any foul play during the course of preliminary inquiry, while the postmortem report also ruled out the same.

MTC directed to pay ₹27.6L to kin of accident victim

MTC directed to pay ₹27.6L to kin of accident victim

TIMES NEWS NETWORK

Chennai:14.03.2021 

A city accident claims tribunal has directed the Metropolitan Transport Corporation (MTC) to pay ₹27.6 lakh to the family of a passenger who was killed after the driver of the MTC he was travelling in applied brakes leading to his fall from the vehicle near Thoraipakkam.

According to the petition moved by J Beula Mary of Karappakkam, her husband Jegan was travelling in an MTC bus standing near the footboard.

The petition stated that the bus driver was driving the vehicle in a rash and negligent manner and dashed against a car travelling in the same direction. In doing so, the driver had applied brakes, which led to Jegan losing his balance and falling onto the road.

The accident happened on June 1, 2014 and the victim died of injuries on June 14. The family moved the tribunal seeking a compensation of ₹50 lakh from the transport corporation.

In its affidavit, the transport corporation contended that the car overtook the bus from left and swerved right, which led to the driver applying the brakes hard and contended that they cannot be held liable to compensate the victim’s family.

However, the tribunal took note of a statement by a motorist, an witness to the accident, who stated that the bus had been driven rashly, first overtaking him and then while trying to overtake the car, dashed against it. The tribunal after perusing all submissions held that MTC was liable to pay compensation and directed the corporation to pay ₹27.6 lakh within a month.

Passenger deaths: Rlys pulled up for refusing compensations

Passenger deaths: Rlys pulled up for refusing compensations

HC: Blaming Passengers Can Never Be Accepted

TIMES NEWS NETWORK

Chennai:14.03.2021 

The Madras high court has once again pulled up Southern Railway for refusing to compensate death of passengers. The court has also expressed its dismay over the unhygienic conditions prevailing in coaches of express trains.

Asserting that policemen and railway staff deployed on such trains are not performing their duties, Justice S M Subramaniam has directed the railway zone to pay ₹8 lakh each to families of two passengers who died in train accidents.

“Toilets are not cleaned. Sometimes, adequate water facilities are not available. Coaches are not cleaned to the expected level. Cockroaches and rats are found in running train and even in express trains. There are chances that the passengers may get affected by infection on account of free movement of cockroaches, rats and insects etc,” the judge said.

Unreserved passengers are travelling in the reserved coaches on many occasions. There are many inconveniences even for the rightful passengers. All such irregularities and illegalities are not effectively controlled by the railway protection force and by the railway officials, he added.

“Under these circumstances, if the negligence or carelessness is attributed only against the passengers, neglecting the contributory negligence on the part of the railways, then the very purpose and object of the award of compensation is defeated,” Justice Subramaniam said. If the railway is able to establish that the deceased/ injured is not a bona fide passenger, then alone, it can be exempted from paying compensation, the court said.

This apart, the court pointed out how railway authorities and the railway police force are allowing passengers freely to cross railway tracks to reach other platforms, which is illegal.

“In case of untoward incident, blaming the passengers can never be accepted by the courts and all those officials including police officials must be held accountable,” the judge said.

Railway is bound to institute action against those officials, who have failed to perform their duties with utmost devotion. Further, negligence, lapses, dereliction of duty on the part of the officials are also to be looked into for the purpose of prosecution, the court said.

The court also expressed dismay over the unhygienic conditions in coaches of express trains and said passengers faced risk of getting infections

Lockdown restrictions help railways expedite Tambaram-Chengalpet work

Lockdown restrictions help railways expedite Tambaram-Chengalpet work

TIMES NEWS NETWORK

Chennai:14.03.2021 

Making the most of shutdown restrictions, railways is expediting laying of the third line between Tambaram and Chengalpet and laying additional lines in Tambaram yard to handle more trains for future expansion.

To speed up laying of the track between Tambaram and Guduvanchery stretch of the third line, railways reduced the number of suburban services operated for six days starting Sunday. The schedule of suburban trains was revised as there will be cross movement and restrictions to movement along tracks because of the work. Work is progressing fast as ballast has been laid and levelled and sleepers have been placed on it. Track laying machines will be used to fasten the tracks in the coming days.

“The work will slow down if suburban trains keep running as per the regular schedule. So some trains were canceled to allow the work to progress without hindrance,” said an official.

The line from Tambaram to Guduvanchery stretch will be inspected by the commissioner of railway safety once the track is ready. This is the balance portion that needs to be completed. The Guduvancherry to Chengalpet stretch is ready and was inspected by the commissioner of railway safety a couple of weeks ago. A track is also being laid at Tambaram yard so moving the trains from the new line to the yard for maintenance and checks will be easier.

Sources said the restrictions of the pandemic, which allowed railways only to operate workmen specials, have come in handy to complete these projects as reduction of trains for too many days during pre-Covid times would have affected commuters.

The new line and modification in the railway yard will allow railways to start more express trains and suburban trains from Tambaram as a terminal station to ease the load from Egmore. A few other projects, including straightening of tracks at Arakkonam and bridge repairs, were completed at the height of shutdown when only goods and Shramik special trains were being operated.

FULL STEAM AHEAD: Railways is finishing the laying of the track between Tambaram and Guduvanchery stretch of the third line