Suspension of IAS officer Mohammed Mohsin who checked PM's chopper put on hold by CAT

Agencies
April 25, 2019

Bengaluru, Apr 25: The Central Administrative Tribunal (CAT) bench here Thursday stayed the Election Commission order suspending IAS officer Mohammed Mohsin for checking prime minister Narendra Modi's helicopter in Odisha.

The officer from Karnataka cadre, deployed in Odisha as a general observer, was suspended on April 17 for checking Modi's helicopter in Odisha's Sambalpur in "violation" of norms for dealing with SPG protectees and sent back to the state.

The CAT maintained that during an election process while reasonable assurances of protection and security must be made available to SPG protectees, it cannot be said: "they are eligible for anything and everything."

The bench also ordered an issue of notice to the EC and "four others" and posted the matter for further hearing on June 6.

Mohsin had tried to check some luggage in the convoy of the Prime Minister during his campaign visit and the EC had said he had acted in violation of its existing instructions.

In its order, CAT member (Judicial) Dr K B Suresh noted there was a circular regarding the SPG protectees that they are exempted from certain examinations on certain grounds.

"We will not go into the SPG protectees guidelines as per the bluebook right now, but the rule of law must prevail," he said.

The CAT also took note of the plea of the applicant's counsel who said there were news about heavy packages unloaded from prime minister's cavalcade being taken away in other vehicle.

Questions were raised but apparently no action followed, it said.

Noting that under the Constitutional process of federal structure, even though the EC has the supervisory power over the employees under its control at that moment of time, the CAT said once they are out of it, the commission's powers would cease.

The tribunal said: "Therefore the suspension order issued by the election commission cannot, on the face of it, lie. It is hereby stayed."

However, the CAT said it would look into this matter afresh once it received the response from the EC.

The tribunal said the applicant will be eligible to rejoin his former position under the Karnataka government "without any further ado about it".

Following the suspension, an EC source had said: "It has been laid down that SPG protectees are exempted from checking. He (the officer) should have known the instruction being an observer. The reason for the suspension is a dereliction of duty."

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IAS Kumar
 - 
Saturday, 27 Apr 2019

modi is the biggest lier..we cant trust the lier

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News Network
February 7,2020

Mangaluru, Feb 7: To stop the NRC and CAA from being implemented everyone has to fight unitedly highlighting the failures of the ruling party, said National President of Priyadarshini squad, All India National Women’s Congress Kavya Narasimha Murthy.

Addressing the workshop for the protection of Citizenship against CAA, NRC and NPR for the party workers at the Cordel Hall, Kulshekar here Thursday by district Congress party, she said, “Protests are being held everywhere against the CAA, NRC and NPR but if we only go on protesting, the ruling party will implementing divisive policies and new laws every day.

Many think that they may not be affected by the CAA, NRC or NPR and keep away from protesting against it. The congress should fight against the CAA concentrating on three approaches. We cannot fight against divisive politics by fighting only against the CAA and NRC. We need to expose the government’s failures, their divisive politics and continue our protests against the CAA, NCR and NPR.”

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News Network
July 18,2020

Bengaluru, Jul 18: Vendors in Bengaluru are finding it hard to earn a livelihood as the state government has allowed the sale of products only for a few hours each day. The lockdown imposed by the Karnataka government on July 14 will continue till July 22.

Speaking to ANI, Vanajakshi, a local vendor said, "We took loans from banks and small financiers to run our business. But we are finding it tough to pay back as our livelihoods have been hit."
"Because of the lockdown, no one comes to buy and markets remain vacant. There was a time when the Gandhi Nagar market was filled with customers, but now it looks like a vacant playground," she added.

Mythri, an advocate, said, "Look at the conditions of vendors. It's precarious. They do not have any business at all. Even now they have been allowed to sell products till 12 noon, which is not sufficient. It's time for the government to step in and provide assistance. If the Central government can reduce corporate taxes, why can't it help them? At least it will help them pass off these difficult times. "

"They are earning through daily wages. The government imposed lockdown suddenly. Where will they go? The city market in Bengaluru is famous. At least 8,000 people come from slum areas. People here are poor. The lockdown was done suddenly and led to problems for these people," said Congress MLA Zamil Ahmed Khan.

Referring to a recent meeting with the chief minister BS Yediyurappa, he said, "During the meeting called by the CM, I suggested that food kits must be arranged for vendors. The CM said the government is providing rice and wheat but that's not enough."

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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