High court upholds poll panel’s decision to rescind Vellore Lok Sabha election

TIMES NEWS NETWORK

Chennai:18.04.2019

Upholding the decision of the Election Commission of India (ECI) to rescind election to Vellore Lok Sabha constituency in view of the seizure of unaccounted money, the Madras high court on Wednesday dismissed the pleas moved by AIADMK candidate A C Shanmugam and independent candidate K Sugumar challenging it.

A special division bench of Justice S Manikumar and Justice Subramonium Prasad said courts cannot interfere in the ECI’s decisions.

President Ram Nath Kovind on Tuesday gave his nod to the Election Commission's recommendation to rescind the election in the Vellore Lok Sabha constituency in the wake of seizure of unaccounted money from DMK candidate Kathir Anand. The cancellation came days after ₹11.48 crore was seized by the income tax department from the constituency.

The primary contention of the petitioners was that Section 8A of the Representation of People Act only envisaged the disqualification of a candidate for the commission of such corrupt practices and as such, the proper remedial measure in the present case, assuming that the ECI's findings are accurate, would be the disqualification of the candidate concerned.

Pointing out that the cancellation notification was issued by the President, senior counsel Satish Parasaran said, “The President has no such power after elections are notified by the ECI. The powers of the President under the law work themselves out once a notification is issued under Section 14 of the RP Act.”

It is only the ECI that can then supervise or control an election which may also be done only as per the RP Act. The cancellation notification issued under Section 14 of the RP Act read with Section 21 of the General Clauses Act lies in contravention of constitutional mandate conferred on the ECI, Parasaran added.

“There are 22 candidates contesting from the constituency but there is no single allegation in the notification that goes beyond one particular candidate. Therefore, the commission cannot be justified in cancelling the election,” he contended.

This apart, counsel argued to cancel an election there should be an unforeseen circumstance like booth capturing and rioting. But no such circumstances were prevailing in the constituency, he said.

Arguing for the independent candidate, senior counsel A R L Sundaresan said, “The notification itself says by seizing the unaccounted money, the ECI has averted distribution of money to voters. They have averted distribution of money at the preparation stage itself.”

“If seizure of money is the only ground for cancelling election, then so far over thousands of crores of rupees were seized across the country. Therefore, election cannot be conducted in all the constituencies where monies were seized,” Sundaresan said.

Opposing the pleas, the ECI counsel Niranjan Rajagopal submitted that the commission has materials to substantiate that the environment in the constituency is vitiated and free election cannot be conducted.

There could not be a judicial review to go into whether there was a vitiated environment for the commission to cancel the election since the ECI was the expert body to decide, he added. As to the submissions that corruption allegations are made only against a single candidate and not others, the ECI said, “Whether the environment for conducting free election is spoiled by one candidate or more does not matter,” he said.

The HC dismissed the pleas of AIADMK candidate A C Shanmugam and independent candidate K Sugumar, saying courts cannot interfere in ECI’s decisions

Treat all sportspersons equally, says Madras high court 

DECCAN CHRONICLE.

Published Apr 17, 2019, 6:13 am IST

The bench said it was stated that throughout India, 160 children secured gold medals and India stood first in the Olympics.

Madras high court

Chennai: The Madras high court has said all the sportspersons should be treated equally and encouraged equally, so that, every one of them is awarded for his/her achievements.

A division bench comprising Justices N. Kirubakaran and S.S. Sundar made the observation while passing interim orders on the petitions filed by P. Thirumaran and Vijayalakshmi. In their petitions, Thirumaran and Vijayalakshmi sought a direction to the authorities to treat the sportspersons - intellectually disabled persons in Asia Pacific Special Olympics Games – on par with the sportspersons in Olympics Games, extend all the benefits to them both monetary and service benefits. The bench said the counsel for the petitioner submitted that the intellectually disabled persons took part in the World Summer Special Olympics Games at Abu Dubai, 2019. The petitioner's daughter secured gold medal in the said Olympics.

Stating that the Centre as well as the state government failed to appreciate the laurels brought by the petitioner's daughter and similarly placed persons in individual cases, they have come before this court, the bench added.

The bench said it was stated that throughout India, 160 children secured gold medals and India stood first in the Olympics. Though Haryana government has already provided employment opportunity to the winners as well as offered cash awards, no such cash awards or employment opportunities have been given by Centre and State.

The bench said TN sportspersons viz., intellectually disabled children got 9 gold medals, 6 silver medals and 5 bronze medals and all those persons have come to this court. The discrimination shown by the Central and state governments was evident from the fact that when a normal sportsperson was able to get gold medal in Olympics, he was awarded Rs 75 lakh by the central government and Rs 2 crore by the state government, whereas the intellectually disabled persons who got gold medals in Olympics was given only Rs 50,000 by the state government and Rs 5 lakh only by the central government. This was in violation of section 3 of the Persons with Disabilities Act, the bench added.

The bench said it was very easy for a normal person to achieve in the Olympics, whereas the disabled persons especially intellectually disabled persons like children of the petitioners, taking part in the International Olympics and achieving something was very difficult. Therefore, these persons cannot be compared with the normal persons and even they should be given more awards and more amounts, whereas it was reversely happening.

Madras HC allows 16-year-old to apply for BAMS course

Pointing out the eligibility criteria as per the amended notification, the judge said.

Published: 02nd December 2018 08:26 AM | Last Updated: 02nd December 2018 08:26 AM | A+A A-

Madras HC 

By Express News Service

CHENNAI: The Madras High Court has directed the Directorate of Indian Medicine and Homeopathy to permit a 16-year-old meritorious girl student to take part in the counselling for the BAMS course and to be admitted in Maria Ayurveda Medical College in Kanyakumari, if she is found eligible.

Justice T Raja gave the directive while disposing a petition from the girl student, Yazhesy Tha, who recited all 1,330 ‘thirukkurals’ while studying in LKG itself, and was not considered for selection on grounds that she had not completed 17 years as on December 31, 2018, as per clause 45 of the prospectus issued by the Director, Indian Medicine and Homeopathy Department.

Pointing out the eligibility criteria as per the amended notification, the judge said, “This court finds no impediment on the basis of the latest amended notification to allow the petitioner to take part in the counselling.”

Teacher promotions should be based on performance and capacity: Madras HC

DECCAN CHRONICLE.

Published  Apr 16, 2019, 12:57 am IST

The judge said it was more unfortunate to record that the people in general were not having any respect or trust on the government schools.

Madras High Court

Chennai: The Madras high court has said the assessment of performance and merit in teaching capacity and work performances must be the criteria for granting further promotions and further service prospects.

“Suitable amendments in Rules are required in this regard, especially in respect of the teachers working in government schools”, said Justice S.M.Subramaniam while disposing of a petition from a teacher, challenging the introduction of Aadhar Enabled Biometric Attendance System in government schools.

The judge said the teaching performance, regular attendance, the talent in teaching and the merit level are all to be assessed and based on such assessment, the promotions and other prospects are to be provided. It must be merit cum seniority and it should never be seniority alone. Unless such drastic measures are taken by the government, it may not be possible to provide better education to the children, studying in government schools by improving standards in the government schools, the judge added.

The judge said it was more unfortunate to record that the people in general were not having any respect or trust on the government schools. The parents were not interested in sending their children to government schools. The reasons were to be certainly looked into by the government and appropriate measures were to be taken. When the government was spending huge amount for the development of the government schools, and if such an opinion was allowed to continue against government schools, then the state also failing in its duty to implement the constitutional perspectives, the judge added.

'Conduct probe against educational authorities in event of complaint of corruption'

DECCAN CHRONICLE. | J STALIN

Published  Apr 16, 2019, 1:10 am IST

The government schools were capable of being elevated as high ranking institutions.

Madras High Court

Chennai: Pointing out that there is a growing trend of corruption amongst the higher authorities in education department, the Madras high court has said the vigilance and anti-corruption department must conduct investigations against authorities of the education department in the event of any inputs or otherwise.

Justice S.M.Subramaniam said though the present petition is filed, questioning the Aadhar enabled biometric attendance system, this court is bound to discuss all the issues connected with such discipline, in view of the fact that imparting quality education to the children of our great nation, is the future of our nation. Imparting best education is the ambition of our constitution. Unless the Constitutional courts show some sensitiveness in such matters, the courts are failing in its duty to thrive hard to achieve the Constitutional goals, the judge added.

Observing that there may be opinion that the court is little bit deviating the issues raised in the writ petition, the judge said, “Judges are not goldsmiths. Goldsmiths can create ornaments as per the orders placed by their customers. Judges are bound to look in and around the society and in the event of noticing the unconstitutionality or illegality or paralyzation of developmental activities, then duty mandates on the constitutional courts to initiate appropriate action for the purpose of eradicating or to declare such activities as unconstitutional. Thus, it is not as if, the constitutional courts while exercising the powers under Article 226 of the Constitution of India must decide only the relief and the pleadings, the judge added.

The judge said the excellence in education was expected to be achieved only on the performance of the teachers in imparting education to the children in government schools. The government schools were capable of being elevated as high ranking institutions. However, this can be achieved if the teachers and the authorities of the education department have taken an oath. However, these teachers and administration was not at all interested. They were much interested in their personal gains than thinking about the development of our great nation. These teachers were self concentrated and not interested in imparting best education to the children. Though these teachers were highly qualified and capable of teaching, they were neglecting their duties by committing misconduct of dereliction of duty, the judge added.

The judge said in the case on hand, if a teacher has chosen to challenge the full proof attendance system introduced by the government, how one can expect from a teacher that they will teach discipline to their own students.

Government told to verify properties of teachers, staff of schools in Tamil Nadu
Court asks how those opposing bio-metric attendance would teach students discipline

Published: 16th April 2019 03:06 AM |

Madras High Court 

By Siva Sekaran

Express News Service

CHENNAI : Taking strong objection to the opposition by a teacher for introduction of bio-metric attendance in schools, the Madras High Court has directed the government to verify details of the movable and immovable properties of the teaching and non-teaching staff working in government and aided schools with reference to the declaration made by them in service records.

If any discrepancies are identified, suitable action shall be taken through the department of Vigilance and Anti-Corruption and under Discipline and Appeal Rules, Justice S M Subramaniam said.
The judge gave this direction while passing orders on a writ petition from R Annal, a teacher working in a government school in Nagercoil, challenging the scheme, on Monday.

“If a teacher has chosen to challenge the foolproof attendance system introduced by the government, how can one expect from a teacher that she/he will teach discipline to their own students?. The larger question, which arises in the mind of the court, is over the growing indiscipline in government schools and educational institutions across the State,” the judge said.


Annal had filed the writ petition challenging the introduction of Aadhaar-Enabled Biometric Attendance System (AEBAS) in government and government-aided schools. She sought to declare the GO, dated October 25, 2018, which introduced the new system, as unconstitutional, violative of the Aadhaar Act, 2016 and contrary to the Supreme Court’s order passed in September 2018.

Rejecting the plea, the judge said that stringent measures to maintain discipline were highly essential in view of the growing indiscipline brought to the notice in public domain. The constitutional courts are duty-bound to issue certain directions to the government to regulate discipline and decorum in government schools and educational institutions.

Judges visit Puzhal prison to counsel 150 prisoners

TIMES NEWS NETWORK

Chennai:16.04.2019

In a first, about 40 judges and magistrates from Chennai, Tiruvallur and Kancheepuram districts provided counselling for first-time offenders who are detained inside the Puzhal prison on Saturday.

The judiciary officers, led by Justice P N Prakash of the Madras high court, visited the prison. About 150 first-time offenders, escorted by the prison officials and police personnel, queued up inside an auditorium at the prison complex.

A senior prison officer said that an initiative to take a new leaf by giving them the right path in their career had been launched.

“This is the first time in the prison’s history that judges and magistrates are conducting counselling classes for the criminals inside the prison,” he said.

Addressing the prisoners, Justice Prakash advised the judiciary officers to consider releasing first-time offenders and criminals while being produced before the court for extending the remand period, with an objective of rehabilitating them.

The total session was for about three hours, during which the judges and magistrates spent about five to 10 minutes counselling each prisoner. The prisoner was escorted by a policeman and a prison staff while they were giving counselling to them at separate desks temporarily modifying the auditorium into a counselling centre.

Though the first-time offenders detained in prison will not be released immediately from the jail, they were given hopes to get themselves released at the earliest, so that they can lead a normal life like others.

The first-time criminals were asked to present themselves before the magistrate concerned, while being produced in the court for considering extension of the remand period. This was to ensure that the judges could consider granting them bail on giving an undertaking before the judiciary officer.

About 150 first-time offenders were present for the counselling session at Puzha prison

Staff can’t resist biometric attendance, says Madras HC

Move To Raise Efficiency, Says Court

TIMES NEWS NETWORK

Chennai:16.04.2019

Teachers and nonteaching staff of government schools cannot oppose the advanced Aadhaar-based biometric attendance system that the government thought fit to introduce to ensure foolproof attendance in the state’s public services, the Madras high court has said.

Justice S M Subramaniam, dismissing a petition filed by R Annal, a teacher in government high school at Vembanoor in Nagercoil, pointed out that there were several allegations in the public domain in respect of the conduct, efficiency level, negligence and dereliction of duty on the part of teachers in government schools across the state. The judge ordered expeditious implementation of biometric attendance, meritcum-seniority based promotions and asset verifications and vigilance proceedings for teaching and non-teaching faculty at government schools.

Growing indiscipline among public servants prompted the state government to introduce such technology for the purpose of improving the efficiency level in public administration, Justice Subramaniam said.

“The Aadhaar-enabled biometric attendance system is systematically being implemented by the government of India, high courts and other public institutions across the country. When the government thought it fit to introduce such an advanced system for ensuring fool-proof attendance system in public services, it cannot be objected to by a teacher, who is expected to be a role model for young children,” the judge added.

Rejecting Annal’s contention that she did not have an Aadhaar number and that insisting on her using biometric scheme would be violative of her fundamental right to privacy, Justice Subramaniam said: “If the petitioner is willing to continue as a public servant, then she is bound to abide by the service conditions. If she is not willing to undergo such system, which has been introduced by the government in the public interest, then she has to take a decision whether to continue in service or to leave the service.”

Fundamental Rights ensured under Part III of the Constitution are subject to certain reasonable restrictions and no fundamental right is absolute, the judge said. “The State can impose certain reasonable restrictions in order to protect the rights of all citizens,” he added.

Comparing the performance of government school teachers to that of their counterparts in private schools, Justice Subramaniam said a number of private schools were highly successful despite the fact that teachers in such private schools were receiving far lower salaries than those being paid to teachers in government schools.

It is in this context that the judge said assessment of performance and merit in teaching capacity and work performances must be the criteria for granting further promotions and other benefits.

குளிக்காத கணவனிடம் இருந்து விவாகரத்து கோரிய மனைவி

Added : ஏப் 13, 2019 22:08

போபால் : மத்திய பிரதேச மாநிலத்தில், தொடர்ந்து ஒரு வாரமாக குளிக்காததால், துர்நாற்றம் வீசும் கணவனிடம் இருந்து விவாகரத்து கோரி, அவரது மனைவி, நீதிமன்றத்தை நாடியுள்ளார். ம.பி.,யில், முதல்வர் கமல்நாத் தலைமையிலான, காங்., ஆட்சி நடக்கிறது. போபாலை சேர்ந்த, 25 வயதுள்ள இளைஞனும், 23 வயது இளம்பெண்ணும், காதலித்து, பெற்றோர் சம்மதத்துடன், ஓராண்டுக்கு முன் திருமணம் செய்தனர்.மனு தாக்கல்இவர்களுக்கு குழந்தை இல்லை. கடந்த மாதம், இருவரும், பரஸ்பர சம்மதத்தின் அடிப்படையில், விவாகரத்து பெற விரும்புவதாகக் கூறி, போபால் குடும்ப நல நீதிமன்றத்தில் மனு தாக்கல் செய்தனர்.
குடும்ப நல நீதிமன்ற ஆலோசகர் ஷைல் அவஸ்தி கூறியதாவது:இளம்பெண் அளித்த மனுவில், 'கணவன் ஒரு வாரமாகியும் குளிக்காமல், தாடியை அகற்றாமல் இருப்பதால், துர்நாற்றம் வீசுகிறது. குளிக்கும்படி கூறினால், உடலிலும், உடையிலும் வாசனை திரவியத்தை பயன்படுத்துகிறார்' என, குற்றஞ்சாட்டியிருந்தார். கணவனுடன் சேர்ந்து வாழும்படி, பெற்றோர் கூறிய அறிவுரையை, அந்தப் பெண் ஏற்கவில்லை. கணவன், மனைவி இருவருக்கும் தனித்தனியாக ஆலோசனை வழங்கியும், சமரசம் ஏற்படவில்லை.

உத்தரவுஇதையடுத்து, இந்த மனுவை விசாரித்த, குடும்ப நல நீதிமன்ற நீதிபதி, ஆர்.என்.சந்த், கணவன், மனைவி இருவரும் ஆறு மாதங்களுக்கு, தனித்தனியாக வாழும்படி உத்தரவிட்டார். நீதிபதியின் உத்தரவுப்படி, கணவன், மனைவி இருவரும், ஆறு மாதங்கள் தனியாக வாழ வேண்டும். அதன் பின், அவர்களுக்கு, சட்டப்படி விவாகரத்து வழங்கப்படும்.இவ்வாறு அவர் கூறினார்.

Madras high court comes to rescue of government service aspirant

DECCAN CHRONICLE.

PublishedApr 13, 2019, 3:37 am IST

The bench said in order to disclose the correct employment, there should be a specific column in the application form.

Madras high court

Chennai: Pointing out that though the RBI is a State within the meaning of Article 12 of the Constitution of India, its employees are all cannot be said to be regular government employees, the Madras high court had set aside an order of a single judge, which upheld the decision of the Tamil Nadu Public Service Commission disqualifying a candidate from RBI, for suppressing facts in the application, after he was successful in the written examination.

Since the applicant E.Manoj Kumar has answered ‘No” to a question in the application form viz., ‘Are you a government employee’, the TNPSC withheld his result on the ground of suppression of material facts in the application form regarding the employment in the Reserve Bank of India, even though he was successful in the Group-I Service examination. Aggrieved he filed a petition and based on an interim order, he was selected for appointment to the post of Deputy Superintendent of Police. But, ultimately, the single judge dismissed his petition. Challenging the same, he filed the present appeal.

Allowing the appeal, a division bench comprising Justices K.K.Sasidharan and P.D.Audikesavalu said, “It is true that RBI is a State within the meaning of Article 12 of the Constitution of India. Even then it cannot be said that its employees are all regular government employees”.

The bench directed the TNPSC to forward the name of the appellant to the government for taking further action to give him order of appointment within one week. The bench said clause 15 (g) of the Instructions to the candidates does not contain an indication with regard to the requirement to state the employment status in the application form. The said clause permits the applicant to apply directly to the TNPSC without routing it through the head of department. The only requirement was that he should inform the employer before submission of application and produce NOC while attending the certificate verification. The appellant satisfied this condition, as he obtained the NOC before submitting the application, after disclosing his intention to apply to the Group I post, the bench added.

The bench said in order to disclose the correct employment, there should be a specific column in the application form. Though 15 (g) and 19 (4) (ii) of the instructions contain not only government service but other services also, the fact remains that the relevant column in the application form contain only one service for disclosure viz., “Government Service”, it would not be possible for a Bank employee to record that he was a government employee. In cases such a declaration of service status was given by a bank employee indicating that he was a government servant, he would face the disqualification/debarment in view of Clause 19 of the instructions, the bench added.

The bench said the appellant very correctly indicated that he was not a government employee. However, his candidature was rejected. The other local body employees and bank employees who have recorded as if they belong to government service were not subjected to any such disqualification. “If we go by the tenor of the question, “Are you a government employee”, the bank employees who are claiming that they are government employees would suffer disqualification, as they have given a wrong statement. We therefore, reject the contention taken by the TNPSC on the basis of clause 19 of the instructions. The appellant has many first on his credit. Even the entry in question was correctly filled up by the appellant. He was not responsible for the preparation of an incorrect questionnaire by the TNPSC. We are therefore of the view that the appellant must succeed”, the bench added.

Staff of quasi-government organisations, banks not government employees: Madras High Court
E Manojkumar, working in RBI, had denied being a government employee when he was filling up for a post under the TNPSC's Group-I services.

Published: 13th April 2019 03:19 AM 

Madras High Court 

By Siva Sekaran

Express News Service

CHENNAI : Are employees of quasi-government organisations and banks, including RBI, employees of government? No, a division bench of the Madras High Court has held.The question was raised in the High Court and while a single judge held in the positive, a bench of two judges finally held in the negative.The TNPSC issued a notification on November 9, 2016 to fill up vacant posts falling under Group-I services. E Manojkumar, working in RBI, applied for the same. Against the column - Are you an employee of governmnent?, Manoj quoted in the negative.

Holding that he had suppressed the vital information, the PSC rejected his candidature. He moved the HC and following an interim direction, the commission allowed him to write the exam and he was provisionally selected to the post of DSP. However, while passing final orders a fortnight ago, the single judge had held that Manoj, being an employee of RBI, falls under government employee category and suppression of this fact will vitiate his candidature. The commission denied him the job. Hence, the present appeal from Manoj.

The appellant suffered disqualification due to the mistake committed by the outsourcing agency entrusted with the work of preparing application form as the agency omitted to include other services along with the government one in tune with clause 15(g) , a division bench of Justices KK Sasidharan and PD Audikesavalu said on April 10. Following a direction from judges, PSC Under Secretary appeared before the judge on April 4 and conducted a live demonstration. When the judges directed him to fill up the column in dispute - Are you a government employee?, the secretary typed ‘RBI employee’. Nothing came thereafter. The formation of the online questionnaire is in such a way that this question is a mandatory without answering which, the candidate cannot proceed.


He also told the judges that there is provision only to say ‘Yes’ or ‘No’. To a question as to who did mistake of non-inclusion of other services as indicated in clause 15(g) in the form, the Under Secretary without admitting it as a mistake, informed the judges that it was designed by a service provider Satvat Infosol (Pvt.) Ltd. So, the lacuna lies on the part of the outsourcing agency.

The fact that some other candidates declared the employment in RBI and banks as government service in the application form, would not be an answer to the question as to whether such employees are government employees. In case the employment under government service column is answered as “yes”, the next question “which department” would be asked.

This makes it very clear that the intention in the form was only to give a declaration relating to government employment and not other services, as indicated in clause 15(g). Manoj has not taken any undue advantage by not declaring his employment in RBI. “He failed to respond to the question with an answer “yes” only on account of his clear understanding, which according to us is right, that the service under the RBI is not actually a government service, the judges said and held that the appellant very correctly indicated that he is not a government employee.

He could not be held responsible for the preparation of an incorrect questionnaire by TNPSC. “We are therefore, of the view that the appellant must succeed,” the bench said, set aside the March 26 last rejection order and allowed the appeal. The bench directed the public service commission to forward the name of the appellant to the government for further action to give him an order of appointment, within a week.

HC accepts mistake, recalls judgment

Mohamed Imranullah S.

CHENNAI, APRIL 14, 2019 00:00 IST

Says aim is to secure ends of justice

In a welcome judgment, the Madras High Court on Friday held that courts of law should be magnanimous enough to accept mistakes committed by them and immediately recall judgments passed without following the principles of natural justice.

It also said that a court should never attempt “to shield itself by holding on to its judgment as if the verdict was so infallible.”

Justice V. Parthiban said: “The ultimate aim of a court is to secure the ends of justice, and in case the court finds that an order has been passed without following the principles of natural justice, affecting the life and liberty of the citizens of this country, the court has to live up to the expectation of the citizens than shield itself by holding on to its judgment as if the verdict was infallible even in the face of the mandatory and procedural violation and constitutional infraction.”

Judgment recalled

The observations were made while recalling a judgment passed by the court on January 7, sentencing two individuals to two years imprisonment without affording them an opportunity of a hearing.

The issue relates to a cheque bounce case lodged by P. Murali against BMD Hotels and Resorts Private Limited and Airmedia Technologies in 2010. It was lodged against the managing director Nirmala Devi and another individual S. Bhaskar.

The court has to live up to the expectation of the citizens than shield itself by holding on to its judgment

Justice V. Parthiban

Madras HC recalls own order, says has to hear both sides

TNN | Apr 13, 2019, 07.45 AM IST

CHENNAI: Setting a significant precedent, the Madras high court has recalled its earlier order passed in a criminal appeal under Negotiable Instruments Act, in spite of the prohibition under Section 362 of CrPC, restraining criminal courts from altering or reviewing a judgment once the case is disposed of.

Justice V Parthiban passed the order on Friday primarily on the ground on January 21 the court set aside the acquittal order of a sessions court was pronounced without hearing the accused.

The issue pertains to appeals moved by BMD Hotels and Resorts Pvt Ltd and Airmedia Technologies Chennai Pvt Ltd against the order passed by the V additional sessions judge, Chennai dated July 27, 2018 acquitting the accused P Murali and others in the cheque bounce cases. Leave to move the appeals were granted by the high court on September 3, 2018. However, during the entire hearing the accused failed to appear or represent him through a counsel. The court then reserved its order on the appeal and pronounced orders on January 21, 2019. Two months after the order was passed, the accused sought recall of the order saying it had been passed without hearing them. They also contended that they had no knowledge about the appeal, as notices were never served to them.

Allowing thier pleas, Justice Parthiban directed the registry to list the original appeal before the appropriate judge for fresh hearing.

Bank employees are not government servants, rules Madras high court

TNN | Apr 13, 2019, 07.30 AM IST

CHENNAI: The Madras high court has made it clear that employees of Reserve Bank of India (RBI) and any other similarly-placed institutions cannot claim themselves as ‘government servants’.

“It is true that RBI is a state within the meaning of Article 12 of the Constitution. Even then it cannot be said its employees are all regular government employees,” a division bench of Justice KK Sasidharan and Justice PD Audikesavalu said.

The bench made the observation on an appeal moved by E Manoj Kumar, who was selected for the post of DSP by the Tamil Nadu Public Service Commission (TNPSC) but subsequently his selection was withheld on the ground that he suppressed the fact that he is a government employee in the application. Manoj was employed with the RBI.

Challenging the decision he moved the high court. However, a single judge of the court dismissed his plea on the ground that the instruction to the candidates contain not only the government service but also all other services and as such, the non-disclosure of the bank service would amount to suppression of material information attracting disqualification.

Aggrieved, the petitioner had preferred the present appeal.

Allowing the appeal, the bench said, “The appellant very correctly indicated that he is not a government employee. However, his candidature was rejected. The other local body employees and bank employees who have recorded as if they belong to government service were not subjected to any such disqualification. If we go by the tenor of the question — Are you a government employee? — bank employees, who are claiming that they are government employees, would suffer disqualification, as they have given a wrong statement.”

This apart, the appellant has many first on his credit. Even the entry in question was correctly filled by the appellant.

He was not responsible for the preparation of an incorrect questionnaire by the TNPSC. “We are, therefore, of the view that the appellant must succeed,” the bench said.

The court then set aside the order passed by the single judge dated March 26 and directed the TNPSC to forward the name of the appellant to the government for taking further action to give him order of appointment.

Such exercise shall be completed within one week, the court said.

Workers must get compensation for internal injuries too, rules Madras HC

TOI | Apr 14, 2019, 04.17 AM IST

TNN

Chennai: Noting that Employees State Insurance (ESI) Act speaks of only 11 external injuries eligible for compenstaion, Madras high court has asked the Centre to bring necessary amendments to include injuries to internal organs like kidneys, lungs, liver, etc., as scheduled injuries.

Justice N Kirubakaran was issuing the direction on a petition filed by a factory worker who in the year 2000 suffered injuries in a fall during work, but was denied compensation stating that loss of one kidney was not a disability.

S Senthil of Villupuram district had a fall while fitting pipes inside a factory in July 2000. Having suffered injuries on his abdomen region, he underwent surgery and his left kidney had to be removed. Contending that his earning capacity has been lost, he sought compensation under Workmen’s Compensation Act before the competent commissioner. It was, however rejected in 2009 on the ground that damages for injury could not be claimed before the workmen’s compensation authority.

Thereafter he approached regional director of ESI Corporation and applied for accident benefits for permanent disability suffered by him. Citing an hospital report that the disability suffered by the workman is nil, the official rejected the claim, prompting Senthil to move the ESI court. It awarded Rs 2 lakh as compensation towards loss of one kidney, mental agony and pain and sufferings. Assailing it, the ESIC filed the present appeal in the high court.

Justice Kirubakaran, rejecting the appeal, pointed out that the ESI court had awarded Rs 2 lakh on the grounds of equity, and added: “The sum of Rs 2 lakh awarded on equity is deleted, as this court awards Rs 2.15 lakh towards compensation, treating the loss of a kidney as “permanent partial disablement”.

Justice Kirubakaran cited ILO data that there were out of 405 million workers in India, of which 121 million were casual workers, and said: “When such is the number of workers employed in India, they are bound to suffer injuries both external and internal injuries in the course of employment. Therefore, the Government has to take into consideration the same and amend the Employees's State Insurance Act as well as the Employees's Compensation Act, 1923, to cover even internal injuries, as it has not been defined so far.”

TN law colleges have no ST professor

DECCAN CHRONICLE. | J STALIN

PublishedApr 11, 2019, 1:24 am IST

HC shocked as there has been no appointment in last 72 yrs.

Tamil Nadu Dr Ambedkar law university

Chennai: Appalled over the non-appointment of Scheduled Tribe candidate as law professor in Tamil Nadu law colleges and Dr.Ambedkar Law University across the state for the past 72 years under the Rule of Reservation, the Madras high court has said, “It is disheartening to record that the University authorities including the Syndicate failed to notice that not even a single Scheduled Tribe Candidate is appointed as Law Professor across the state after independence.

The attitudinal mindset explicitly portrays the insensitiveness on the part of the competent authorities. The Constitutional mandate of reaching the goal of social justice is undoubtedly lacking on account of the erroneous implementation of the Rule of Reservation”.

Justice S. M. Subramaniam further said the Law University in the State of Tamil Nadu is named as Dr.B.R.Ambedkar Law University, the Founder of Indian Constitution. But, unfortunately, the University as well as the Government of Tamil Nadu has not appointed one Scheduled Tribe candidate as Law Professor for the past 72 years, the judge added.

Allowing petitions from two aspiring Scheduled Tribe candidates to the post of Assistant Professors, the judge said the state authorities have improperly implemented the Rule of Reservation. The executives of the law departments and director of legal studies as well as the Minister have not noticed the crude fact that not even one Scheduled Tribe candidate was appointed in government law colleges and Law University in free India. The Law Minister of the State of Tamil Nadu has to take serious note of this and initiate appropriate action at the governmental level to ensure that the Rule of Reservation was followed by the authorities as per the statutes and the Constitutional mandates. “Political parties across the country claim that they are the Messiah for the poor, downtrodden and depressed class communities. Though 72 years lapsed after independence and several parties ruled the State of Tamil Nadu, not even one Scheduled Tribe candidate

is appointed as Law Professor, despite the fact that the elected government is interested in naming   the law university and other various institutions in the name of Dr. B. R. Ambedkar”, the judge added.

The judge said the government of Tamil Nadu was providing appointments in certain special cases. The decision at the administrative level was taken in this regard, considering certain extraordinary circumstances, warranting actions. Similarly, while implementing the subject wise Reservations in appointments of teaching faculty in law colleges, the government was duty bound to review the 200 point roster system and its workability, more specifically, during the implementation of 200 point roster system.

In other words, while following the subject wise appointments with reference to the rule of reservations, the workability of 200 point roster system and the hardship, if any caused and the implications in the rule of reservations, more specifically, to the oppressed class people were to be taken note of by the competent authorities. A workable solution was highly warranted, so as to ensure that adequate representations were provided to the oppressed and depressed class citizen, who all were aspiring to secure public employment as per the rule of reservation with reference to the statutes and the Constitution of India.

Sex on promise to marry is rape: Supreme Court

DECCAN CHRONICLE. | J. VENKATESAN

Published

Apr 12, 2019, 12:35 am IST

Justice Shah said that such incidents are on the increase nowadays and that these are offences against society.

New Delhi: In a significant verdict the Supreme Court has held that a person having sex with a woman on the promise of marrying her will amount to rape and her consent will be of no consequence as it is obtained by fraud.

Giving this ruling, a Bench of Justices L. Nageswara Rao and M.R. Shah said this kind of consent obtained by the accused cannot be said to be any consent because she was under the misconception that the accused intends to marry her, therefore, she submitted to sexual intercourse with him. This kind of consent taken by the accused with clear intention not to fulfil the promise and persuading the girl to believe that he is going to marry her and obtained her consent for the sexual intercourse under total misconception cannot be treated as consent.

Writing the judgment, Justice Shah said that such incidents are on the increase nowadays and that these are offences against society.

“Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. As observed by this court in a catena of decisions, while a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female,” the Supreme Court observed.

The Bench, slapping a seven-year imprisonment on the appellant doctor Anurag Soni, said rape reduces a woman to an animal as it shakes the very core of her life. “By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim. Rape is a crime against the entire society and violates the human rights of the victim. Being the most hated crime, rape is tantamount to a serious blow to the supreme honour of a woman, and offends both her esteem and dignity,” the court said.

Don’t appoint new teachers till surplus deployed: HC to govt

TIMES NEWS NETWORK

Madurai:12.04.2019

Stunned by disclosure that the government has been spending ₹444 crore every year on salaries of 6,300-odd surplus teachers in government and private-aided schools in the state, the Madras high court has ordered a freeze on fresh appointment of teachers.

Neither new appointments be made in government as well as private aided schools, nor approvals be granted for any appointments till surplus teachers coming under same managements are deployed, ruled a division bench of Justice N Kirubakaran and Justice S S Sundar.

Further, smelling a scam wherein aided schools might be making up records to show higher number of students than the actual strength in order to get more teacher vacancies approved, the bench ordered the government to implement bio-metric attendance for students as well as teachers in all aided schools.

The bench was hearing a batch of appeals against a single judge’s order in favour of teachers who had been seeking approval of their appointments to sanctioned vacancies in aided schools.

After it was brought to the notice of the court that as many as 116 teachers employed by a minority institution in Tuticorin were surplus, the court sought details of surplus teachers in both government and aided schools.

The government submitted that there were 1,079 surplus teachers in government schools and about 5,200 in aided schools.

“The monthly salary payable to the surplus teachers is about ₹37 crore a month, and it adds up to ₹444 crore per annum,” the court remarked.

Besides biometric attendance and freezing appointments, the court also directed that the government was not at liberty to reopen similar cases which had attained finality either before a single judge or a division bench.

“There is no prohibition for approval of teachers, where teachers or management concerned had obtained orders from this court and which reached finality for grant of approval,” the bench clarified.

Exercise proper control over teachers indulging in indiscipline: Madras HC

DECCAN CHRONICLE. | J STALIN

Published  Apr 10, 2019, 1:55 am IST

‘School and collegiate education should be properly imparted’

Madras HC

Chennai: In view of the growing indiscipline in the government schools, more so, amongst the teachers and growing instances of sexual harassment in schools, colleges, universities, the Madras high court has said proper control over these teachers is to be exercised by competent authorities and in case of any such information about the misconducts, immediate action is to be taken and they must be prosecuted under the Discipline and Appeal Rules.

Justice S.M.Subramaniam made the observation while passing orders on a petition from a headmaster, challenging his transfer in Coimbatore district.

The judge said the growing indiscipline in schools, colleges and universities is the greatest concern, which affects the development of our great nation. This apart, children and students are the future of this great nation. If the school education and collegiate education are not properly imparted, then the same will create an impact throughout their life. Thus, discipline in the schools, colleges and universities are of paramount importance, the judge added.

The judge said encouragement of original thinking of the children and students is also equally important. Competent educational authorities must striking a balance. Thus, the standard of discipline, the quality of freedom, opportunity for original thinking, are all to be provided only by the teachers, responsible and considered as the performers of noble duty. “This court with great pain, records that growing instances of sexual harassment in schools, colleges and universities are causing greatest concern both to the parents as well as to society at large. Even young school children are not spared. Such instances are frequently published in the media. However, the authorities are not showing any sensitiveness towards these issues. They are pretending to be sensitive, but actually not. If at all, the genuinity in sensitiveness is to be established, consistent and constant actions are to be initiated. No such actions are initiated. Contrarily, they are closing the issues by taking action in a particular case alone. Streamlining of the discipline and improvements in the system, are not implemented in order to avoid such growing offences of sexual harassment in educational institutions. It is unfortunate to record that only very few cases are reported in the public domain. Large numbers of such cases is decently buried on extraneous considerations. Thus, the parents and the interested persons are bound to have a vigil over these kind of offences”, the judge added.

The judge said the activities in the schools were not only to be monitored by the educational authorities, but also, to be monitored by the parents and all other interested persons. If any such incidences were noticed, then the parents, public, students must be in a position to immediately register a complaint in a toll free telephone number, which was to be provided by the education department of the state. In the event of receiving any such complaint from any person, the authorities must immediately conduct an enquiry and find out the truth regarding the complaint. Such a system requires an immediate implementation in order to create awareness in the minds of the students, parents, and public at large, the judge added.

The judge said all the students were good. Every student has got his/her ambitions in their life. They were striving hard to reach their goal and ambitions. Thus, it was duty mandatory on the part of the parents as well as the teachers to kindle them to achieve their goals and ambitions. In the event of any failure on the part of the “state” to initiate action in these aspects, undoubtedly, the “state” was failing in its duty to achieve the Constitutional goals and perspectives. Our Constitution provides importance to education. Our Constitution speaks about education. Thus, the “state” must be vigilant in the matter of improving the quality of education by monitoring the activities of the teachers, who all were otherwise committing negligence, lapses and dereliction of duty, which all were frequently noticed and criticized in the public domain, the judge added.

Toll free numbers to lodge complaints against teachers

The Madras high court has directed the state government to provide toll free telephone numbers, within 8 weeks, enabling the students, parents, interested persons, and public in general to register complaints regarding the indiscipline, illegal activities, irregularities and sexual harassment and also in respect of the conduct of private trade business or tuitions or tutorial classes by the teachers or authorities of the education department.

Justice S.M.Subramaniam also directed the state government to display the toll free numbers and the details of the authorities on the notice board of all schools and educational institutions across the state of Tamil Nadu in bold letters in a visible place, which would be accessible to parents, students and the public in general.

The state government is directed to ensure that the complaints, if any registered through such telephone numbers are attended immediately by the designated authorities and swift actions are initiated within 24 hours from the time of registration of a complaint, the judge added.

The judge also directed the state government to issue consolidated instructions/circulars to all the educational institutions/schools, stating that the teachers and the public servants shall not involve in any trade business or taking tuitions or tutorial classes even after the school hours or in holidays by clearly mentioning that such conduct of trade, business or taking tuitions etc., were already described as misconduct under the Tamil Nadu Govern ments Conduct Rules, warranting disciplinary proceedings under the relevant rules.

Rajiv Gandhi assassination case: Nalini moves Madras HC seeking nod to argue her case

DECCAN CHRONICLE.

Published  Apr 10, 2019, 1:50 am IST

It was more than 6 months since the Council of Ministers of Tamil Nadu tendered the said advice but the decision remains unimplemented, she added.

Madras high court

Chennai: S. Nalini, serving life sentence in Vellore prison for women for her involvement in Rajiv Gandhi assassination case, has approached the Madras high court to direct prison authorities to produce her before the court to enable her to argue her case for releasing her on ordinary leave for 6 months for making arrangements for her daughter’s marriage.

In her petition, Nalini submitted that her request to the state government for her premature release under 1994 Scheme of Premature release of life convicts, wherein it has been stipulated that those life convicts who had suffered more than 20 years of imprisonment should be released from prison in the event of a life convict fulfilling all the conditions prescribed under the said Scheme. Since she was eligible to be considered for premature release under the said Scheme of Premature Release of Life Convicts dated November 10, 1994, the state government on September 9, 2018, advised the Governor of Tamil Nadu to release her and other six life convicts convicted in Rajiv Gandhi assassination case. It was more than 6 months since the Council of Ministers of Tamil Nadu tendered the said advice but the decision remains unimplemented, she added.

She said she has to make certain arrangements for the marriage of her daughter Harithra alias Megra presently residing with her grandparents in London. She had made a representation dated February 25, 2019, addressed to the DIG, Vellore, requesting her to grant her six months leave for making arrangements for her daughter’s marriage. She came to know that her representation was forwarded to the state government and the same was pending. Her mother Padmavathi made another representation dated March 22, 2019, to authorities requesting them to grant her six months leave for making arrangements for her daughter’s marriage and for other purposes narrated in the representation. However, she has not so far been granted leave as requested. Hence, she filed the present petition, she added.

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