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
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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News Network
April 9,2020

Kalaburagi, Apr 9: An FIR has been lodged against the management and staff of Bahamani Super Speciality Hospital here in Kalaburagi allegedly for not following procedures meant to deal with COVID-19 and hiding details of patients with coronavirus symptoms, said District Deputy Commissioner Sharath B on Wednesday.

The district family welfare department official and nodal officer of KPME Kalaburagi took cognisance of the reports that the private hospitals in the district are not informing the government about patients having COVID-19 symptoms and they are only reporting about such cases at the last moment.

"It has come to our light that some private hospitals in Kalaburagi city are hiding information about the patients who are having COVID-19 like symptoms and these cases are not being reported on time to us," said the District Deputy Commissioner.

"We verified the records of these hospitals and it is clear now that they are revealing the serious cases in the last moment when the treatment has not given any help to patients. Only then such cases are bringing to ESI hospital in Kalaburagi. We have taken steps to quarantine the entire staff member of Bahamani hospital. We have taken legal steps against them for non-compliance of the orders issued to them and for not reporting this matter to us at the earliest stage," he said.

A case has been registered under the Disaster Management Act, 2005 column 51, 58 and sections 269 and 188 of the Indian Penal Code.

He further said that two new cases were reported positive on April 8 and one person has succumbed to the infection because he was having a severe respiratory infection.
He appealed to everyone to strictly follow lockdown restrictions and not violate Section 144 at any cost.

Speaking about the attacks on Accredited Social Health Activist (ASHA) and Anganwadi workers, who were given a task to collect travel details of locals in view of coronavirus crisis, Sharath said: "Some of the health workers, ASHA and Anganwadi workers, who have been given a task to going from door to door to verify health status were troubled unnecessarily, saying that they have come to collect data for NRC and NPR."

"They are doing a survey on behalf of the district administration as they have to gather travelling information so that a person can be quarantined to contain COVID-19 spread. There has been an attack, a case has been registered in this regard," he said.

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News Network
July 14,2020

Bengaluru, July 14: Ahead of the week-long lockdown in Bengaluru starting from Tuesday night, around 35,000 people have left the city and grocery stores and liquor shops are witnessing a rush with customers thronging to stock up on for the shutdown.

According to transport department officials, labourers from other parts of the state migrated in good numbers from Bengaluru ahead of the lockdown fearing that they would have to face similar challenges as they had to confront during the previous shuttering. 

"Yesterday 35,000 passengers left Bengaluru. The number is big given the fact that we are allowing a limited number of passengers in the buses to maintain social distancing," a KSRTC official said.

Tipplers made a beeline for liquor shops and a senior State Excise official said liquor worth Rs 230 crore was sold on Monday alone.

"There was apparently a mad rush yesterday.India Made Foreign Liquor worth Rs 215.55 crore and 14.83 crore worth beer was sold...," the officer said.

In view of the rising coronavirus cases in the city at an alarming proportion, the government decided to impose lockdown from Tuesday 8 pm till 5 am on July 22.

Later, Dharwad and Dakshina Kannada districts too decided to impose a lockdown for nine days and seven days respectively from Wednesday.

"For the past two days there is an unusual rush of customers in our store," an executive of the Metro Cash and Carry said.

According to him, people are buying grocery items and vegetables with long shelf life such as onion, potato, radish, carrot and beetroot.

A salesperson at the Star Bazaar too said people were thronging the store for the past two to three days.

During the Sunday curfew, Home Minister Basavaraj Bommai said the week-long lockdown will be stringent one and government has made all arrangements to address all concerns ahead of the shutdown.

As many as 19,702 people in Bengaluru have tested positive, of which there are 15,052 active cases, while 4,328 have been discharged.

The number of fatalities as of Monday is 321.

Across Karnataka, 41,581 people have tested positive for coronavirus including 24,572 active cases, 16,248 discharges and 757 deaths since the outbreak of the pandemic in the state.
 

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