
Demolition
of Sector 24 shops ordered
CHANDIGARH, July 13
In various applications regarding regulating the
traffic in Chandigarh wearing of helmets and demolitions
of encroachments on roads, Mr Justice Swatantar Kumar of
the Punjab and Haryana High Court today directed that
demolition of shops and making the road re-operative in
Sector 24, here shall be done by tomorrow without fail.
The order was passed
after hearing the Chandigarh Administration estate
officer. The Supreme Court has already vacated stay on
the implementation of the directions. No public interest
was being served by putting on hold the implementation of
the order, said the judge.
The judge further
observed that it was an attempt to wriggle out of the
directions of the court because the compensation of Rs
60,000 has to be recovered from the officers responsible
for creating chaos.
In regard to the wearing
of helmets, the judge directed the counsel for the
Administration to produce in the notification granting
exemption from wearing helmets, despite the fact that
this direction has not been stayed by this court. The
Delhi High Court has rejected the prayer for exemption
from wearing helmets despite the notification issued by
the state, said the judge.
The judge listed the
helmet case for July 26, 1999 and the demolition case for
July 15,1999.
The judge observed that
an incorrect affidavit has been filed on behalf of the
Administration regarding the zebra crossings. The
Administration counsel assured the court of compliance of
all directions except the one stayed by the Supreme Court
Notice
to SGPC
A Divison Bench of the
high court stayed the operation of the letter dated July
3,1999, written by the Secretary SGPC, Mr Kulwant Singh,
about the change of managing committee of General
Shivdev Singh Diwan Khalsa College, Patiala, vide
which Bibi Jagir Kaur has been made the president and Mr
Kulwant Singh secretary of the managing committee in
place of Mr Karnail Singh.
Mr Justice G.S. Singhvi
and Mr Justice M.S.Gill who comprised the Bench, issued
notice of motion to the SGPC, Bibi Jagir Kaur and Mr
Kulwant Singh president and secretary respectively of the
SGPC.
The grievance of the
peititoner was that he was the secretary of the managing
committee of the college. The term of the committee was
to expire on December 1, 2000.
It was contended that
the impunged order of the SGPC as conveyed through the
letter dated July 3, 1999 was mala fide and was result of
the political differences between Mr Parkash Singh Badal,
Chief Minister, Punjab and Mr G.S. Tohra, former SGPC
chief.
It was further submitted
that the change in the constitution of the education
committee of the SGPC has had no effect on the term and
constitution of the managing committee of the college.
Jerath's
bail
Mr Justice R.L. Anand,
issued notice to the Chandigarh Administration on bail
applications filed by Mr K.K. Jerath, former Chief
Engineer Chandigarh Administration, in four cases
registered against him. He sought bail in FIRs No 3,
1998, FIR dated February 3, 1998, FIR dated September,
23, 1998 and FIR No 1 of March 6, 1999 registered under
various provisions of the Prevention of Corruption Act of
the Indian Penal Code for alleged bribe taken by him from
contractors engaged by his department.
Mr Jerath pleaded that
he was innocent and had been falsely implicated. Some of
the other accused in different cases were either not
arrested who had been ascribed the same role and main
accused S.S. Bhatti, the then Executive Engineer Mr S.C.
Katyal and two other accused mentioned in one of the FIRs
were not being arrested.
Similarly in another FIR
out of 37 accused persons 21 had not been arrested. In
another case except the petitioner none of the accused
had either been arrested or suspended.
Harassment
for 12 years
On a writ petition of Er
P.D. Mangal, SDE, Punjab, PWD B&R, alleging mala fide
and prolonged harassment in disciplinary proceedings, the
Division Bench consisting of Mr Justice G.C. Garg and Mrs
Justice Bakhshish Kaur issued a notice of motion to the
Punjab state for August 16, 1999.
The case against the
petitioner was initiated in the 1987 and has been pending
since.
Allegation against the
petitioner were, among others of shortage of material in
the repair of a road attributed to the petitioner to the
extent of Rs 7.61 lakh while according to him, the actual
payment made to the contractors was only Rs 2.73 lakh.
The inquiry officer took five years in submitting his
report while he was asked to do the job in one month. The
Inquiry officer stated that the charges cannot be proved,
but left room for doubt.
He further contended
that the government failed for eight years first to get
its prescribed schedule observed for the inquiry etc. and
then in not taking any decision on the inquiry report for
more than five years.
The counsel contended
that the disciplinary cases are just play things for the
bosses for extraneous purposes, with least concern for
purity of public service, resulting in colossal waste of
public time and money. He said he had been wronged by
being chargesheeted for making the payment and then
penalised for not making the payment by imposing Rs 1.45
lakh as interest.
It was further submitted
that the department has used the proceedings to stall the
promotion of the petitioner.
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