MAKE THE FUNCTIONING OF THE SUPREME COURT's COLLEGIUM SYSTEM MORE TRANSPARENT +

The proposal of the Government "The criteria for selection of judges to the higher judiciary should be spelt out and must be part of the memorandum of procedure and put up on the websites of the apex court and high courts to make the functioning of the Supreme Court's collegium system more transparent" is a welcome move. But this should also be applied to selection of candidates for election, appointment of Governors, appointments of heads of Constitutional bodies etc. so that people should know on what credentials they are being selected and no other better persons available in India among the over 120 crore people.

my comment in times of india

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WHETHER SUPREME COURT CONSENT SHOULD BE TAKEN BY THE PRIME MINISTER IN SELECTING HIS COUNCIL OF MINISTERS?

Please do not forget Indian Legislature is a creation of the Constitution. All three wings of Government be it executive, judiciary or legislature, be it State or Union all are equal in their sphere. Separation of power of these three wings are the basic structure of the Indian Constitution. Whether any Political Party would agree if the court is interfering in the selection of the prime minister. Or do they agree to a proposal that Supreme Court should be consulted (with veto power) by the Prime Minister in selecting his Council of Ministers or Secretaries of the Departments? Similarly whether the legislature would agree to a proposal that Court's consent should be obtained for the election of the Speaker? Court is only interpreting the power and the competence of the Legislature and if they are not competent it, the law passed by them is declared as null and void. Is it not Supreme Court’s power of interpretation? To this extent I do not agree with the statement of the Finance Minister.

SEE THE ORIGINAL COMMENT BELOW:

Times of India comment on 19-10-2015

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My comment in Times of India agreeing with RSS Chief's Statement on Hindu development

I quoted below the portion of my comment in the Times of India which is self explanatory. Though I agreed with his idea of development, I disagreed with the stories he quoted as they are out of place. See my comments below:

''I don't think what the RSS Chief Shri Mohan Bhagwat had said as reported, "When 121 crore people will become strong and dedicatedly work for setting examples of goodness, India will become strong and it will bring peace and happiness in the world" is wrong. 121 crore, I think would include all sections of the society. But his sample stories are out of place. I don't think the Brahmin was so foolish to hand over the calf to the three shrewd people on simply hearing that what he was carrying was not a calf but a pup. Don't forget the Mahabharata example of Dronacharya and Eklavya and the incident behind the Onam celebration of Mahabali and Vamana. In both these incidents, innocent and efficient people were deceived to promote the inefficient. Still we instituted National award in the name of Dronacharya to honour him who had set a very bad example for the whole teaching community. This is also being continued today. Some brilliant people were suppressed to promote the inefficient not only in education, but in all fields.''

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GOI-DOPT HAS NOW PRESCRIBED THE FORMAT FOR GIVING INFORMATION TO THE APPLICANTS UNDER THE RTI ACT,2005

GOI/DOPT vide Office Memorandum No. 10/1/2013-IR dated 06-10-2015 has now prescribed the format for giving information to the applicants under the RTI Act,2005. Accordingly, the reply should contain the following details:

“(i) RTI application number, date and date of its receipt in the public authority.

(ii) The name, designation, official telephone number and email ID of the CPIO.

(iii) In case the information requested for is denied, detailed reasons for denial quoting

the relevant sections of the RTI Act should be clearly mentioned.

(iv) In case the information pertains to other public authority and the application is

transferred under section 6(3) of the RTI Act, details of the public authority to

whom the application is transferred should be given.

(v) In the concluding para of the reply, it should be clearly mentioned that the First

Appeal, if any, against the reply of the CPIO may be made to the First Appellate

Authority within 30 days of receipt of reply of CPIO.

(vi) The name, designation, address, official telephone number and e-mail ID of the

First Appellate Authority should also be clearly mentioned.”

Additionally, wherever the applicant has requested for 'certified copies' of the

documents or records, the CPIO should endorse on the document "True copy of the

document/record supplied under RTI Act", sign the document with date, above a seal

containing name of the officer, CPIO and name of public authority; in the following format:

“True copy of the document/record supplied under RTI Act.

Sd/-

Date

(Name of the Officer)

CPIO

(Name of the Public Authority)”

It is also mentioned that, in case the documents to be certified and supplied is large in number, information on RTI application should be supplied by a designated PIO but the certification of the documents, if need be, could be done by another junior gazetted officer.

COMPENSATION TO HIT AND RUN ROAD ACCIDENT VICTIMS WHEN VEHICLE DETAILS ARE NOT KNOWN

The main reason for this post aroused while I was watching a live question answer programme on a famous tv channel on the subject of compensation for hit and run accident case. I felt that the answer given by an expert legal consultant in the subject (as claimed) that there is no provision to claim compensation in a case of hit and run road accident case where details of vehicle are not know is not correct. What he told in the programme was that the claim tribunal would reject the case if the details of the vehicle is not known. It is only half truth. There is a provision in Section 161 of the Motor Vehicles Act, 1988 to cover such cases. But the procedure is different.

This Section provides for payment of compensation as follows:

If the hit and run motor accident resulted in the death of any person a fixed sum of Rs.25,000/-.

If the hit and run motor accident resulted in grievous hurt to any person a fixed sum of Rs.12,500/-.

I feel that this amount is very nominal particularly when the treatment expenses are concerned.

Again, this amount is refundable if any other compensation is received in the normal course for the same accident.

THE PROCEDURE TO CLAIM:

“The victim of the “hit-and-run” vehicle or his legal representative shall make an application to the Claim Enquiry Officer in each Taluka.  After due enquiries, the Claims Enquiry Officer will submit a report together with certificate of post mortem or injury certificate to the claims settlement commissioner who will either the District Collector or the Deputy Commissioner at the District level.  He will process the claims and sanction the payment within 15 days from the receipt of report from Claim Enquiry Officer and communicate sanction order to the nominated office of the Insurance Company. The compensation under Hit and Run Accident cases are made from a Solatium Fund which is contributed by General Insurance industry under an agreed formula.  The administration of claims is done by New India Assurance Co Ltd which has nominated one Divisional Manager in each district at District Level Committee which is headed by District Collector.” (reference:http://www.policyholder.gov.in/hit_and_run.aspx)

(N.B. This is not a legal advice. Only for general information.)

ANOTHER CASE OF FAILURE OF JUSTICE: SUPREME COURT SET ASIDE THE CASE - REASON? HIGH COURT DID NOT CONSIDER THE CASE PROPERLY !

The Supreme Court set aside the High Court order in its judgement dated 23/09/2015 and directed the High Court to decide the case again after hearing the parties in accordance with law. Does it mean that what was done is not according to law?

Facts of the case is that, the State of Rajasthan preferred a Criminal Appeal NO.1246 OF 2015 (S.L.P. [Crl.] No.1621 of 2014) against the judgment dated 29.5.2013 passed by the High Court. The trial court had convicted the accused for commission of an offence under section 302 and section 458 IPC and sentenced to life imprisonment with a fine of Rs.2,000/- and RI for seven years and a fine of Rs.1,000/- respectively for the aforesaid offences. While maintaining conviction and sentence under section 458 IPC, the High Court had altered conviction from section 302 to section 304 Part II and sentenced him to the period already undergone, i.e. 8 years and 7 months. 

The Supreme Court’s own words are self-explanatory: -

“It is crystal clear that the High Court has not considered the evidence, neither the nature of injuries nor method and manner in which they were inflicted. The High Court has also not considered the aspect whether the accused intended to inflict injuries so as to cause the death. Even the circumstances to take the case out of the purview of section 302 have also not been discussed by the High Court. Simpliciter, it has been observed that a careful scrutiny of the entire evidence has been made but we find from the judgment that no such exercise has been done. Mere statement in the judgment to that effect is not enough. Evidence is not only required to be mentioned in the judgment but its evidentiary value has to be assessed carefully. No such exercise has been made. 

Thus, we have no hesitation to set aside the judgment and order passed by the High Court. While allowing appeal, we remit the matter to the High Court to decide the same again after hearing the parties in accordance with law. It is made clear that we have not expressed any opinion on the merits of the case. The High Court is required to reconsider the matter in accordance with law and to decide the appeal de novo after hearing the parties. The respondent-accused shall remain on bail for a period of four weeks from the date of the judgment during which time he will be free to apply to the High Court for regular bail."

Quality - One of the main reason for prolonged litigation and accumulation for cases for years together.

GOVERNMENT OF INDIA, DOPT OFFICE MEMORANDUM Dated 11TH September, 2015 ON COMPULSORY RETIREMENT

The GOI, DOPT has issued an OFFICE MEMORANDUM No.25013/0 I /2013-Estt.A-1V Dated Il thSeptember, 2015 detailing the details and procedure to be followed in the case of compulsory retirement under the Fundamental rule and the Pension rules. This is mainly referring to the DOPT’s OM No. 25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules. It also quote the instructions/precautions issued by the Supreme court in the case of State of Gujrat Vs. Umedbhai M.Patel, 2001(3) SCC 314 as follows:

(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.

(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.

(iii) "For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer."

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) If the officer was given a promotion despite adverse entries made in the confidential record that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

There are also many other cases referred in support of the administration. There are also various technical procedures mentioned in the OM.

But the main lacuna in the OM is that it is silent about the Supreme Court cases went against the Administration not following these instructions.

In reality the purpose of the provision is not followed. If followed, nearly 70% of the total beurocracy would have been vacant and youngsters would have got more chance of employment. The provision is generally used to silence the persons who are not liked by the corrupt administration for personal interest and not the general administration for the sake of public interest as per the instructions of the Supreme Court mentioned above.