Good Morning

Thursday, January 2, 2025

Nizamuddin stn porter charges ₹10k for wheelchair assistance

Abhinav.Rajput@timesofindia.com 02.01.2025

New Delhi : A porter at Hazrat Nizamuddin railway station charged Rs 10,000 to assist an elderly man in a wheelchair to the platform. The railways, after investigating the matter, made the porter return Rs 9,000 to the senior citizen’s family and took away the porter’s badge. Payal, the woman who reported the matter, is the daughter of the elderly passenger. Originally from Gujarat, Payal resides in London with her husband Samuel and her parents, Ritesh and Sandhya. She arrived in Delhi on Dec 21 with her family. “After staying in Delhi for a few days, they planned a trip to Agra. On Dec 28, they reached Hazrat Nizamuddin station. The porter charged the family Rs 10,000 for assisting Payal’s father with a wheelchair,” a senior railway official said.

Upon reaching Agra, the family hired a taxi to see the Taj Mahal and other tourist sites. During this time, Payal told Anil Sharma, the secretary of the Prepaid Auto Taxi Drivers' Union, about the exorbitant amount that the porter had charged for the wheelchair service. Sharma told her that wheelchair assistance at railway stations is free of cost. Porters may charge a nominal fee for their labour, he said. Payal and her husband contacted the GRP at Agra Cantt station. The force there coordinated with their counterparts in Nizamuddin GRP to investigate the matter. The porter was identified through CCTV footage. Rs 9,000 was transferred back to the family, the railway official said.

The divisional railway manager of Delhi also took away the porter’s badge. The railway administration prioritises passenger welfare and will not tolerate such incidents, adhering to a zero-tolerance policy for such misconduct, Northern Railway said later. Expressing regret over the incident, the DRM of the Delhi division said that the railways is committed to providing safe and convenient travel to passengers. Such incidents tarnish the railways' image and weakens passenger trust. He assured that strict action would be taken against people found guilty in similar cases. “The railway administration appeals to all passengers to immediately contact the railway helpline number if they encounter any issues during their journey,” he said.

88-yr-old gets 2nd pacemaker implant over existing one

TIMES NEWS NETWORK 02.01.025

New Delhi : Doctors at Paras Hospital successfully implanted a second miniature leadless pacemaker, similar in size to a vitamin capsule, into the heart of an 88-year-old patient. The patient already had a pacemaker that malfunctioned due to battery issues. Doctors said the medical intervention became necessary when the patient suffered from severe dizziness and blackouts, caused by the failing battery of the first leadless pacemaker.

Medical assessment of the patient identified a critically low heart rate of 30 beats per minute, necessitating immediate admission. The initial treatment involved installing a temporary pacing catheter with a specialised balloon wire to prevent heart perforation. The medical team then conducted the intricate procedure of placing the second pacemaker above the existing one, ensuring autonomous operation of both devices. “This is an index case and has never been done in the country before,” claimed Dr Amit Bhushan Sharma, director and unit head of cardiology-interventional, Paras Health. “This pacemaker is the world’s smallest pacemaker, about the size of a vitamin capsule, and is leadless.” “When the patient came in with battery depletion and loss of consciousness, we had to act swiftly. We successfully implanted the second capsule-sized pacemaker on top of the first one without stopping his blood thinners.

This innovative approach minimised the risk of heart perforation and ensured both pacemakers functioned independently,” he added. In 2017, Paras Hospital installed the patient’s first capsule-sized pacemaker. The two-hour procedure required careful supervision using specialised imaging and echo guidance for precise pacemaker positioning. “We used a basic type of catheter with a balloon to avoid heart perforation. The second pacemaker was placed above the first to reduce the risk of complications. Special imaging ensured that both pacemakers were correctly positioned and did not interact with each other,” Dr

Sharma said. Doctors said the patient’s medical history included angioplasty in 2014, and he maintained good health with the first leadless pacemaker until the recent battery issues. His health declined due to irregular checkups and followups. After the successful placement of the second leadless pacemaker, he remained under observation for 48 hours before discharge.

Fog season: Centre lists steps for airlines, airport operators to minimise flyers’ pain

TIMES NEWS NETWORK DELHI EDITION 02.01.2025

New Delhi : Airlines should not keep passengers seated inside aircraft for more than 90 minutes in case of fog-related delayed departures and they need to cancel flights delayed by over three hours. As peak winter fog season kicks in, the Union civil aviation ministry on Wednesday listed dos and don’ts for airlines and airport operators to minimise passenger inconvenience. “The Bureau of Civil Aviation Security’s (BCAS) circular for facilitating smooth re-entry of passengers in case of flight cancellations was operationalised and drills were organised by CISF with stakeholders. This would significantly reduce passenger inconvenience and ensure a smoother re-boarding process once flights resume,” the Ram Mohan Naidu-headed ministry said in a statement. Airlines have been “instructed” to proactively communicate with passengers about potential delays/cancellations due to visibility issues. “For this, airlines and booking agents (need) to ensure that correct passenger contact information is recorded during ticket booking.”

The Met department (IMD) along with Airports Authority of India (AAI) is expediting implementation of “advanced weather observation system” (AWOS) at Indira Gandhi International Airport and other fog-affected airports. This system will ensure accurate and timely weather information for pilots and air traffic controllers to enhance operational safety and efficiency. “IMD (is) committed to ensure all Met equipment function without disruption.” The Directorate General of Civil Aviation (DGCA), “in close coordination with airlines, has ensured deployment of adequate number of CAT II/CAT III-compli ant crew and aircraft to carry out low visibility operations efficiently during fog at affected airports. Three runways at the Delhi airport have activated CAT-III ILS systems, including the important runway between T1 and T2.” Airlines have been asked to ensure full staffing at check-in counters during peak hours to reduce passenger inconvenience.

“Delhi airport has installed LED screens at prominent locations to provide real-time updates on visibility conditions. The airport has also scaled up the number of ‘follow me’ vehicles, which will guide and assist the pilots on the apron/taxiway during low visibility conditions ensuring better coordination on ground,” the statement says. Airlines have been told to sensitise their “operations control centres” and war-room representatives for closer coordination during adverse weather, especially fog, to “improve real time decision-making (and) allowing for more effective and timely responses to flight delays or cancellations.” “AAl has implemented new standard operating procedures to effectively regulate air traffic at fog-affected airports and at the originating or destination airports,” it added.

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Mehak Dhiman

21 Dec 2024 6:15 PM

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal.

The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which is otherwise illegal and 'non-est'.”

In this case, the appellants are the legal heirs of Late assessee who expired on 30.10.2021. Notice dated 27.03.2023 was served on the address of the late assessee.

On receipt of the notice, the 1st appellant appeared before the Assessing Officer and informed him about the death of the assessee.

Thereafter, the Revenue issued an order dated 10.04.2023 under Clause (d) of Section 148A of the Act in the name of the deceased assessee. Following that, he also issued a notice dated 10.04.2023 under Section 148 of the Act in the name of the deceased assessee.

The appellant filed a writ before the High Court stating that the assessment proceedings sought to be initiated under Section 147 of the Act is unsustainable. However, the Single Judge dismissed the petition.

The assessee submitted that the notice issued in the name of a dead person is not valid and in the absence of issuance of a valid notice, the assessment proceedings sought to be initiated under Section 147 is unsustainable.

The department submitted that the notices issued to the dead person under Sections 148A(b) and 148A of the Act are only mere irregularities, which can be cured. Since the legal heirs of the deceased assessee have already participated in the proceedings, they are estopped from taking a different plea in the writ petition.

The bench stated that the “the notices issued under Sections 148A(b) and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. It is a nullity and not a mere irregularity which could be cured. It is true that, on the receipt of the above said notices, the legal heirs of the deceased Naringaparambail Bhaskaran/appellants herein appeared before the assessing authority. However, that by itself would not change the situation.”

The bench opined that the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which is otherwise illegal and 'non-est'.

The bench disagreed with the view of the Single Judge that the legal heirs of the deceased assessee are estopped from taking a different stand in the writ petition, since they have appeared before the assessing authority and participated in the proceedings.

“the initiation of proceedings against a dead person under Sections 148A(b) and 148 of the Income Tax Act are illegal and 'non-est'.” added the bench.

In view of the above, the bench allowed the appeal.

Case Title: N. Binoj v. Income Tax Officer

Citation: 2024 LiveLaw (Ker) 822

Case Number: WA NO. 2093 OF 2023

Counsel for Appellant/ Assessee: Latha Anand

Counsel for Respondent/ Department: Keerthivas Giri

Flight operations at IGI disrupted by dense fog, 200+ delays reported

TIMES NEWS NETWORK 02.01.2025

New Delhi : Dense fog at Indira Gandhi International Airport disrupted flight operations on Wednesday morning. Visibility dropped to 100 metres for about two hours, causing several flight delays. However, no flights were diverted or cancelled due to low visibility. According to FlightRadar24, over 200 flights experienced delays, with the average delay being 18 minutes.

RK Jenamani, senior scientist at India Meteorological Department (IMD), said, “The visibility was 100 metres at IGI Airport for nearly two hours, from 5 am to 7 am, on Wednesday. However, the runway visibility range was low at only one runway at 500 metres.” He added that no significant dense fog was observed at Palam this year due to frequent winds. “The wind conditions observed mostly in Dec eroded the fog layer in Delhi,” said Jenamani. An airport official said, “No flight was diverted to any other city due to fog. Some flights were also delayed due to weather conditions at the origin airport.” Delhi Airport wrote on X: “While landings and takeoffs continue at Delhi Airport, flights that are not CAT III compliant may get affected. Passengers are requested to contact the airline concerned for updated flight information. Any inconvenience is deeply regretted.” IMD has issued a yellow alert for moderate fog at most places and dense fog at isolated locations on Thursday. “Fog may affect some airports, highways, and railway routes. It causes difficult driving conditions with slower journey times,” IMD stated.

Met department advised caution while driving or travelling and staying updated with airlines, railways, or state transport regarding journey schedules. Officials noted that the airport initiates low visibility procedures (LVP) when visibility drops below 800 metres. During such periods, CAT-I procedures apply for visibility above 550 metres. Pilots compliant with CAT-II can land when visibility is between 275-550 metres, while CAT-III A and B pilots can land in conditions with visibility below 275 metres and even as low as 50 metres.

Relief for DPharm students as exit exam deferred indefinitely

TIMES OF INDIA bhopal 02.01.2025

Nagpur : In a relief for diploma in pharmacy (DPharm) students across the country, Pharmacy Council of India (PCI) has allowed registration and issuance of licences to the 2022-23 batch after their exit exam, scheduled for Oct 2024, was deferred by National Board of Examinations in Medical Sciences (NBEMS) indefinitely, reports Sarfaraz Ahmed.

NBEMS postponed DPharm Exit Examination (DPEE), comprising three papers, asking students to keep checking its website for updates. However, it didn’t provide any specific reason for the deferment, leaving the student community in lurch. In the absence of registration certificates and licences, the graduating batch of 2024 had been unable to work as pharmacists or start their own businesses.

On Dec 31, PCI notified students that the exam had been deferred indefinitely and announced that it would allow registration and licensing for one year for all students. PCI had previously prohibited students from renewing their licences without passing the exit exam. “After months of waiting, registration is finally under way, and licences are being issued, allowing us to start our careers or businesses,” said a student, expressing gratitude towards PCI and the govt. The statutory body has written to Union health ministry, seeking its nod to amend regulation 6 of DPEE 2022 under section 10 of Pharmacy Act 1948 to hold just one paper, instead of three.

'Serious Misconduct': Gujarat HC Declines Plea By Govt Officer Debarred From Taking Class-I Officer's Exam For 'Misbehaving With Invigilator'

Lovina B Thakkar

24 Oct 2024 11:15 AM

While dismissing a plea by a government officer debarred from the Gujarat Public Service Commission (GPSC) 2023-2024 due to her alleged misconduct in preliminary examination, the Gujarat High Court observed allegations against the officer were serious and not expected from a person appearing in Class-I officer's exam.

The petitioner officer moved the high court challenging the order of GPSC debarring her from taking the main examination, after it was alleged that during the preliminary examination she violated exam protocols and misbehaved with the invigilator and lady constable present in the examination hall.

A single judge bench of Justice Nirzar Desai in its October 18 order said,“I find the misconduct, which is alleged against the present petitioner, is very serious in nature and the same is not expected from a person, who is appearing in the examination for Class-I officer. When, the petitioner is appearing in an examination for the post of Class-I officer, it was expected of her to respect and comply with the instructions issued by the Respondent – GPSC for the said purpose.”

The court observed that the issue was not just about the petitioner not hearing the warning bell or confusing it with the final bell, which she had claimed. It was about her overall behaviour and conduct towards the invigilator and the female police constable, that had “disturbed the Court to the core", the court said.

The candidate who, an employee of the GST Department, applied for the Gujarat Administrative Service Class-I post. She appeared for the preliminary exam based on Multiple Choice Questions (MCQs) on January 7, 2024, where the candidates are given 3 hours to attempt 200 questions. It was alleged that she continued answering questions after the final bell, mistaking it for the warning bell. When instructed to stop, she refused, leading to an argument with the invigilator and a police constable who had to intervene.

It was submitted by the counsel of the candidate that the petitioner missed the warning bell and mistakenly thought she had 10 more minutes, so she kept answering questions. The counsel argued that it was an honest mistake, not misconduct, and that barring her from the main exam was too harsh and uncalled for. Further, the counsel submitted a full inquiry wasn't conducted, she was unfairly treated. As a result, requested the court to quash and set aside the order that barred her from taking the main exam.

The Petitioner further made several representations to GPSC between April 18 to May 2. The respondent commission issued a show cause notice to the petitioner on May 2 as to why an action should not be initiated against her for breaking the exam protocols and further, she was asked to appear in person on May 23, where she tendered and unconditional, written apology to GPSC.

GPSC did not accept her apology and explanation regarding the incident and thereafter issued an order on June 4 barring her from taking the main examination for violating exam rules. GPSC announced the main exam for various posts, scheduled between October 13 and 27. The petitioner's counsel argued that the chargesheet was not issued nor any proceedings or inquiry was conducted against her and therefore, the petitioner is denied a fair chance to put up her defence.

Counsel appearing for GPSC strongly opposed the petition and submitted that the Court has limited power to consider the petition under Article 226 of the Constitution of India. It was submitted that the petitioner's misbehaviour and her actions were captured on CCTV and the footage will show the petitioner continuing to answer questions after the exam ended and her misbehaviour with the invigilator and the female constable who escorted her out of the exam hall.

It was submitted that, despite the seriousness of the petitioner's misconduct, the Respondent GPSC has taken a lenient approach as they did not inform the petitioner's parent department or file a complaint regarding her behaviour with the female police constable. The petitioner sent several representations to GPSC apologizing for her actions, which suggested that she admits her guilt. Therefore, it was argued that there was no need for an inquiry since she has already accepted responsibility. The counsel further submitted that the punishment given to the petitioner by GPSC is appropriate and light considering the seriousness of her misconduct. Therefore, the petition should be dismissed.

The high court in its order observed that since the case is based on facts, this Court's interference under Article 226 of the Constitution is very limited. The court said that petitioner's counsel had failed to demonstrate that this is an exceptional case, wherein, the findings of facts are, though, against the petitioner, the interference of this Court is necessary.

Justice Desai further observed when the final bell rang and the invigilator asked the petitioner to submit her OMR sheet, she refused and continued answering for another 5 to 7 minutes. If she had truly mistaken the final bell for the warning bell, she would have stopped when alerted. When the invigilator called a lady constable for assistance, the petitioner misbehaved with her as well, the court noted. Notably, the presence of CCTV cameras did not prevent her inappropriate behaviour toward both the invigilator and the constable, the court added.

The Court further observed after the show-cause notice, the petitioner appeared before GPSC on May 24, and submitted an unconditional apology, admitting her guilt. As a result, GPSC barred her from the main examination but she is not barred from future exams, it noted. Since she did not challenge the notice or the procedures before the punishment, the arguments about procedural issues cannot be accepted, the high court said. Therefore, the request for an inquiry is also denied, as the petitioner's admission of guilt makes it unnecessary, the court said.

The Court further observed that the GPSC had taken a "lenient view" and merely debarred the petitioner from appearing in the main exam in spite of the serious misconduct by her as it could have had an adverse impact on her existing service with the state government and so the GPSC's action cannot be termed as “unjust or unreasonable”.

It thereafter dismissed the plea.

Case Title: Vaishali Gagjibhai Variya vs Gujarat Public Service Commission

LL Citation: 2024 LiveLaw (Guj) 161