Sunday, November 19, 2017

Tamil Nadu: Eye camp tragedy – 1-year term for three hospital staff upheld

DECCAN CHRONICLE.
 
Published Nov 19, 2017, 8:28 am IST

 The Judge also upheld the lower court's order that the hospital pay compensation to the tune of Rs 9.85 crore to the victims. 
 
It might be recalled that the 66 victims hailing from various villages in and around Perambalur and Villupuram districts took part in the free eye camp and had then lost their vision. (Representational Image)
 
It might be recalled that the 66 victims hailing from various villages in and around Perambalur and Villupuram districts took part in the free eye camp and had then lost their vision. (Representational Image)
 
Tiruchy: The II Additional District Sessions court Judge here, Thiru. N. Logeswaram has upheld an order of the Chief Judicial Magistrate, (CJM) who had sentenced three persons of a private eye hospital in Tiruchy, including its director, administrative officer and a senior ophthalmologist, to undergo one-year imprisonment for negligence, after 66 villagers lost their vision during a free cataract eye surgery camp conducted by the hospital in Perambalur during 2008.

It might be recalled that the 66 victims hailing from various villages in and around Perambalur and Villupuram districts took part in the free eye camp and had then lost their vision. The CBI, which probed the case following directions of the Madras High court, submitted that the Joseph Eye hospital neither followed the established sterilizing procedures while conducting the surgeries, nor maintained the operation theatre properly in their branch at Perambalur. The Judge also upheld the lower court's order that the hospital pay compensation to the tune of Rs 9.85 crore to the victims.

'Tainted' academician tippedto be Law university VC

Ashwini Y S, Bengaluru dhns Nov 19 2017, 0:30 IST 
 
C Basavaraju C Basavaraju

Shortlisting of University of Mysore (UoM) Law professor C Basavaraju's name for the post of vice-chancellor of Karnataka State Law University (KSLU) by a government-constituted search committee, has kicked up a controversy.

The state government is in serious consideration of finalising the name of Prof Basavaraju, who was suspended by the state government (in the capacity as registrar of UoM) in October 2016 on charges of dereliction of duty, misconduct, insubordination and cheating. The government reinstated him this July this year, pending action.

Also, the government had annulled his very appointment to UoM a few years ago, following the Justice Rangavittalachar Commission recommendations. The High Court of Karnataka had upheld the government's decision.

Interestingly, Prof Basavaraju was appointed to the Law department in 2006-07 by the then UoM vice chancellor J Shashidhar Prasad, who is presently heading the four-member search committee.
Though Prasad too was indicted by the judicial commission, which had recommended penal action against him, the government had failed to initiate any action.

This despite the commission proving all 123 appointments (including Prof Basavaraju's) as illegal, citing violation of several rules such as University Grants Commission regulations, the recruitment rules and reservation policies laid down by the state government.

Basavaraju is one among the four academicians who are vying for the post, which has been lying vacant for the last two years.

Of the 12 applications that were received, the serach panel is learnt to have shortlisted the names of Prof Eshwar Bhat, VC, National Law University, Kolkata; Prof K R Aitaal, retired professor, Karnatak University, Dharwad; Prof C Rajashekar, Dean, Karnatak University, Dharwad; and Prof Basavaraju.

Prof Basavaraju is tipped to be the frontrunner for the VC's post. The search committee report has been forwarded by the Law, Justice and Human Rights department to Chief Minister Siddaramaiah, who is yet to send the same to Governor Vajubhai Vala.

In 2008, Siddaramaiah himself had demanded Prof Basavaraju's annulment after charges of illegalities had surfaced. Interestingly, Prof Basavaraju is also learnt to be vying for the UoM VC's post. The term of the acting VC, Dayanand Mane is said to end on November 22.

Apprehending his appointment to either of the varsities, Karnataka State Universities and Colleges Backward Classes and Minorities Teachers' Association, Mysuru, has written to Siddaramaiah, Law Minister T B Jayachandra and the Governor, appealing that his candidature be rejected.

Academician and former Bangalore University vice chancellor Prof M S Thimmappa said it was shocking that the government had on one hand appointed Prasad as the search committee chairperson, and is considering Prof Basavaraju's candidature on the other.

"Both of them have been convicted and indicted. Instead of taking action action against Prasad, the government has appointed him as the committee chairperson. Now, he gets to select the candidate for the VC post. Prof Basavaraju should not be considered for the post," he added.

Flight suffers bird hit, returns to Delhi airport

Press Trust of India, Mumbai, Nov 18 2017, 15:38 IST
The Airbus A320 neo plane suffered the bird hit when it was on the climb.
The Airbus A320 neo plane suffered the bird hit when it was on the climb.

A Patna-bound GoAir flight with 174 passengers on board on Saturday returned to New Delhi following a bird strike soon after it took off from the Indira Gandhi International (IGI) airport, the airline said.

The Airbus A320 neo plane suffered the bird hit when it was on the climb, forcing the pilot to discontinue the journey and return to New Delhi for an inspection of the plane, GoAir said in a statement. The incident took place at 10.30 am.

"GoAir Flight G8 140 from Delhi to Patna had a bird hit as the aircraft was climbing after take-off, " the private carrier said.

As a precautionary measure, the pilot decided to return to the Delhi airport for an inspection of the aircraft, it said, adding there were 174 passengers on board.

The stranded passengers were immediately accommodated to another aircraft to Patna, it added.

Karnataka set to make Aadhaar a must

Bharath Joshi, Belagavi, DH News Service Nov 19 2017, 1:53 IST
The government is also working on introducing e-sign, an Aadhaar-based electronic signature that will negate the need for citizens to physically sign documents.
The government is also working on introducing e-sign, an Aadhaar-based electronic signature that will negate the need for citizens to physically sign documents.

Karnataka is quietly building a technology backend to deliver services through Aadhaar and is in the process of framing a law to make the 12-digit unique number compulsory.

The government’s e-governance wing, a portfolio Chief Minister Siddaramaiah handles, is moving to issue certificates and documents virtually through DigiLocker, the Centre’s flagship Aadhaar-based platform for storage, sharing and verification of documents.

The government is also working on introducing e-sign, an Aadhaar-based electronic signature that will negate the need for citizens to physically sign documents.

For starters, services of the Revenue department such as caste and income certificates, and the ration card by the Food and Civil Supplies department, will be issued to citizens’ DigiLocker accounts. A pilot project will be launched soon.

DigiLocker, according to Aadhaar architect Nandan Nilekani, is a key part of the India Stack: presence less, paperless, cashless and consent-driven governance. With documents stored in a cloud, service providers can pull them from DigiLocker with citizens' consent, making physical copies unnecessary.

"Right now, we issue administrative orders on Aadhaar. But, without a legal framework, these orders can be challenged. We are enacting a legislation and a draft has been prepared. This will enable departments to make Aadhaar compulsory," Additional Chief Secretary (e-governance) Rajeev Chawla said. "The draft will be placed before the Cabinet shortly."

The draft is modelled after the ones enacted in Maharashtra, Gujarat and Haryana. It has been vetted by a committee headed by Law Minister TB Jayachandra.

While 6.18 crore citizens have Aadhaar in Karnataka, only 1.41 lakh have DigiLocker accounts. States such as Tamil Nadu, Uttar Pradesh, Andhra Pradesh and Kerala have adopted DigiLocker.

The e-sign facility will be a game-changer, Chawla said. "Citizens are forced to visit government departments because they need to sign on forms. With e-sign, a farmer, for instance, can visit a citizen service centre (where he can apply for a service online), authenticate himself with his fingerprint and digitally sign the document."

While every e-sign costs Rs 5, the government plans to bear the cost initially without burdening the public. "No state has made use of e-sign. We have worked things out with the Centre for Development of Advanced Computing (C-DAC) to roll out the e-sign facility," Chawla said.

At present, Aadhaar is being chiefly used by the Food and Civil Supplies department for the public distribution system, the Education Department for a Student Achievement Tracking System and the Revenue department for Parihara, a direct benefit transfer scheme for farmers.

"The ecosystem will build on its own once we are able to show people value through DigiLocker and e-sign facilities," Chawla said.

HC summons AG on posting of law officers

| Updated: Nov 17, 2017, 10:34 IST

MADURAI: The state's advocate general has been directed to appear before the Madras high court Madurai bench in a case that alleged that the government is planning to appoint people who have not been recommended by the principal district and sessions judge of Kanyakumari as law officers — government pleader and public prosecutor — in the district,.

When the petition filed by advocate M Ashok Padma Raj of Kanyakumari came up for hearing before justice R Mahadevan, the judge directed the government to ask the advocate general to come to court on November 22.

The petitioner alleged that the government is going to appoint people whose candidature was neither recommended by the district judge of Kanyakumari nor empanelled by the district collector. He further said that he sent representations to the state's chief secretary and home secretary asking them to appoint law officers on merit and not for extraneous considerations, but the officials turned a Nelson's eye to his request.

HC permits acupuncture by authorised practitioners

| Nov 18, 2017, 00:26 IST
 
Madurai: The Madurai bench of the Madras high court permitted acupuncture practice with a condition that the practitioners should produce certificate confirming that they are authorised to practice it.

Justice S S Sundar gave this relief on a petition filed by president of All Tamil Nadu Acupuncture and Alternative Medical Association, S Mohamed Sabir.

"It is stated that members of the association are qualified as practitioners of acupuncture treatment. They are not practising allopathy or any other system of medicine involving administration of drugs or adopting methods of treatment which are similar to allopathy. They have obtained valid degrees from recognised universities and their certificates are accepted for practising acupuncture. Thus, the court is inclined to permit the members of the petitioner association to practice acupuncture and other systems of medicine," the judge said.

The judge also said, "The members should produce the degree or certificate authorising them to practice acupuncture, whenever the police and the Tamil Nadu Siddha Medical Council (TNSMC) officials require to confirm that they are authorised to practice acupuncture."Before that, the petitioner's side said that Union health ministry has recognised acupuncture as drugless therapy. The members are practising acupuncture without getting any complaint from public. But, the registrar of the TNSMC wants to prevent acupuncture system by engaging police. Police enter the clinics and close them besides threatening practitioners not to provide acupuncture treatment to people.

Actually, the TNSMC has not empowered the registrar to conduct any enquiry or search. Besides, the alternate system of medicines and courses to be conducted do not come under the purview of the Medical Council of India. In order to develop and propagate any alternative medicine or drugless therapy, no permission or recognition has been contemplated in any of the statues. The Calcutta and Delhi high courts have passed orders in favour of alternative medicine. Acupuncture is an alternative medicine.

Order staying promotion of dy commercial tax officers stayed

| Nov 19, 2017, 00:29 IST
 
Madurai: Setting aside its single judge order staying the promotion of 18 deputy commercial tax officers (DCTO) working in Chennai, the Madras high court Madurai bench has observed that, "When there is no inter-se seniority list, giving stay to promotion of a group of persons in a partial manner is incorrect in the eye of law."

A division bench consisting of justices M Venugopal and Abdul Quddhose delivered a common judgment on a batch of three appeals filed by 25 deputy commercial tax officers against the single judge's order dated September 14 on a writ petition filed by one T Dravidaselvi (superintendent/DCTO, Theni).

Dravidaselvi in her petition said that, the government relaxed Tamil Nadu Commercial Tax and Subordinate Services Rules and the state's commercial tax secretary on August 1 last published the panel list of commercial tax officer for 2015. But, the list did not have her name. She said due to relaxation of the rule, 98 people who are juniors, were placed as seniors to her. Hence, she claimed she must be placed as senior to 98 people, the panel be prepared and she be promoted.

Following it, the single judge stayed promotion of a group of people and directed the authorities to prepare a provisional seniority list .

Against it, a group of 25 DCTOs shot appeals. After hearing concerned sides, the bench said, "It is to be borne in mind that when there is a contest or controversies between the parties concerning particular issue(s), then ordinarily a court of law will not grant final relief at an interlocutory stage. Even an interim order which has the effect of granting final relief ought not to be granted by a court of law." TNN

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