SC dismisses contempt plea on IAS officer Nagpal's suspension

August 26, 2013

Nagpals_suspensionNew Delhi, Aug 26: The Supreme Court today dismissed a plea for initiating contempt proceedings against the UP government and its Chief Minister for suspending IAS officer Durga Sakthi Nagpal, who had cracked down on the sand mafia in Gautam Budh Nagar.

The petition filed by an advocate had contended that the officer had only complied with the orders of this court in demolishing the illegal structure and the decision of state government to suspend her amounts to contempt.

However, a bench comprising justices H L Dattu and S J Mukhopadhaya said nothing is there to show that there is wilful and deliberate contempt by any of the alleged contemnors (state authorities).

"How does the action of state government amounts to contempt," the bench asked and noted that the authorities by themselves have not taken any decision relating to the apex court's orders on preventing unauthorised construction of religious buildings on public land.

The bench also said that the contempt petition has been filed too early when the state government has not taken final decision on the charge sheet issued to her.

The bench said the stage of contempt would only arise after the officer files response to the charge sheet and the state government takes a final decision.

The petition, filed by advocate M L Sharma, had also named Chief Secretary Javed Usmani, working Chief Secretary Aalok Ranjan and the Centre as respondents.

The petition had contended that action against 28-year-old Nagpal was in contempt of the apex court order on preventing unauthorised construction of religious structures on public land.

"Following the Supreme Court direction is not an offence that has been performed by the officer concerned," he had said.

Sharma had moved the contempt petition after his PIL seeking reinstatement of Nagpal, a 2010 batch IAS officer, and quashing of all proceedings against her was dismissed by the apex court on August 16 on the ground that he had no locus to move court in that regard.

The sub-divisional magistrate was suspended on July 27 ostensibly for ordering demolition of the wall of an under construction mosque in a village in Noida without following the due process.

The petition had sought judicial review of the suspension order and said, "Nagpal's victimisation is a new low in a long process of the subversion of bureaucracy."

The Uttar Pradesh government had on August 4 served a charge sheet on the officer, asking her to submit an explanation for her conduct.

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News Network
April 2,2020

New Delhi, Apr 2: With 437 new cases reported in the last 24 hours, the tally of COVID-19 positive cases in India shot up to 1,834 on Wednesday night.

The number of deaths in the country due to COVID-19 has risen to 41.

The total number of active cases in the country is 1,649. 143 persons have been cured and discharged from the hospitals. One person has migrated, according to the data provided by the Ministry of Health and Family Welfare.

Earlier on Wednesday, Union Home Secretary Ajay Bhalla urged all state governments and Union Territory administrations to ensure the lockdown measures issued by the Ministry of Home Affairs are strictly implemented.

"All the state governments/UT administrations are requested to strictly implement the lockdown measures issued by MHA in the exercise of the powers under Disaster Management Act, 2005 in letter and spirit," Bhalla said.

Prime Minister Modi had earlier announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.

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News Network
January 20,2020

New Delhi, Jan 20: Surging inflation and slowing growth are raising serious concerns about the future growth prospects of the economy and as a remedial measure the government should resolve supply-side hurdles and ensure more stringent governance norms, a report said on Monday.

According to the Dun and Bradstreet Economy forecast, even though the Index of Industrial Production (IIP) turned positive in November 2019, it is likely to remain subdued.

"Slowdown in consumption and investment along with high inflationary pressures, geopolitical issues and uncertainty over the recovery of the economic growth are likely to keep IIP subdued," the report noted.

Dun and Bradstreet expect IIP to remain around 1.5-2.0 percent during December 2019.

As per government data, industrial output grew 1.8 percent in November, turning positive after three months of contraction, on account of growth in the manufacturing sector.

On the price front, uneven rainfall along with floods in many states and geopolitical issues have led to a surge in headline inflation even as demand remains muted.

The Consumer Price Index (CPI) in December rose to about five-and-half year high of 7.35 percent from 5.54 percent in November, mainly driven by high vegetable prices.

"The sharp rise in inflation has constrained monetary policy stimulus while revenue shortfall has placed limits on the government expenditure," Dun & Bradstreet India Chief Economist Arun Singh said.

According to Singh, growth-supporting measures and deceleration in growth are likely to cause slippage in fiscal deficit target by a wider margin.

"The government should focus on taking small steps to address the slowdown; in particular, resolve the supply-side hurdles and ensure more stringent governance norms," Singh said.

Unless these concerns are addressed through a comprehensive policy framework, it will not be easy for India to clock a sustainable growth rate to become a USD 5 trillion economy, he added.

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News Network
April 2,2020

Thiruvananthapuram, Apr 2: With the coronavirus lockdown in place, liquor would be delivered home by state-run retail outlets in Kerala after the left government has decided to issue special passes to tipplers, who exhibit withdrawal symptoms and have doctors prescription.

Protesting the government decision, the Kerala Government Medical Officers Association (KGMOA) wore black badges on Wednesday, but attended duty and seeking immediate withdrawal of the order, saying it was "anti-people".

As per guidelines issued by the Kerala State Beverages Corporation managing director G Sparjan Kumar, for the supply of liquor, a service charge of Rs 100 would be collected from each pass holder for meeting the delivery expenses.

Each person would be entitled to 3 litres of Indian Made Foreign Liquor (IMFL) and sale of wine and beer was not envisaged, the order stated.

Those not willing to undertake the home delivery, the name and details of the employee should be reported to the Head office for submission to the government, it said.

A civil police officer will have to accompany the distribution vehicle.

The sale of liquor should be only to the pass holders, limiting it to the quantity mentioned in the pass.

Any excess sale to pass holders or sales to non-pass holders is strictly prohibited, the order said.

In the order issued on Monday, the government said, following the lockdown and the closure of liquor outlets in the state, there were many instances of social issues, including suicidal tendencies shown by those who consumed liquor regularly and the state government has decided to initiate steps to resolve the matter.

Speaking to reporters, chief minister Pinarayi Vijayan said his government has not forced anyone to prescribe liquor to addicts.

He was responding to a query on the indifference of doctors towards the matter of prescribing liquor to addicts.

"If the doctors are not ready to prescribe liquor, it's fine. We are not forcing anyone to do so. We were just following the protocol which are prevalent at many places. It's been over a week. The family and friends of the addicts can gently persuade them to approach the de-addiction centres," he said.

Sparjan Kumar said the order on home delivery was just a modality, as part of the earlier order issued by the government to provide liquor under prescription.

"We have worked out a modality. We have a meeting tomorrow. Some new order has been issued by the Centre today. The meeting will discuss the implementation of the orders," Kumar told.

A person showing withdrawal symptoms has to get a doctor's prescription on his condition so that he could be provided liquor in a "controlled manner", the order added.

The Indian Medical Association (IMA) has also come out against the government's move.

Meanwhile, Vimukthi, an anti-narcotics campaign launched by the state government, has till now admitted 64 patients since March 24.

"Since March 24, the day lockdown started, we have 64 patients admitted due to withdrawal symptoms. We have also registered at least 200 out patients at various de-addiction centres across Kerala," K Mohammed Resheed, Joint Excise Commissioner in charge of awareness told.

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