Law et al. News Circa 2011-2012
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CAT to decide appointment of Additional Secretary at Law Ministry
Fri 27 April 2012 Soibam Rocky Singh New Delhi
The Central Administrative Tribunal has sought response from the union government on a plea challenging fresh appointment to the post of Additional Secretary in the Law Ministry allegedly made bypassing a number of eligible officers.
The tribunal has sought response from the Union Cabinet Secretariat, Department of Legal Affairs and Legislative Department in the Law Ministry, and the Department of Personnel and Training (DoPT) on a plea by the Indian Legal Service Officers Association (ILSOA) seeking a stay on the ‘illegal’ appointment to the post of Additional Secretary.
The petitioners has contended that the Law Ministry on 12 March 2012 carried out the process of filling the vacant post to the position of Additional Secretary without preparing and finalizing the common seniority lists of eligible officers in violation of service rules and Department of Personnel and Training (DoPT) instructions.
“Respondents illegally carried out the process of filling the post of Additional Secretary without preparing, circulating and finalizing the common seniority lists of officers in the grade of Joint Secretary in the four cadres of the Indian Legal Service,” the petition stated.
The petition alleged that the Annual Confidential Reports (ACRs) and service records of the Joint Secretaries eligible for the post were not considered by the Search-cum-Selection Committee before carrying out the process of personal interviews.
“Respondents have committed glaring illegal; personal interaction/interview without preparing common seniority lists of different cadres of Joint Secretaries in the Ministry of Law and Justice as required under the DoPT instructions, and without calling for the Annual Confidential reports (ACRSs) of feeder cadre incumbents,” the petition stated.
Alleging that the government is bent upon to ‘pick and choose’ officer of their choice while filling the vacant post, the petitioner said the selection process is illegal and ‘null and void.’ “The respondent has patently exercised fraud on power by misuse of its power in breach of law, by taking into account, extraneous matters and by ignoring relevant matter,” the petition stated that the vitiated process rendered the selection process ‘ultra vires’ and a case of ‘fraud on powers.’
According to the petition, the post of Additional Secretaries are filled up as per the DoPT rules which mandates for preparation of the common seniority list of the different cadre of Joint Secretaries in the ministry and assessment of ACRs of feeder cadre incumbents who hold the post of Joint Secretary.
The DoPT rules provides for constitution of Search-cum-Selection Committee for selecting and recommending suitable persons after considering the seniority, ACRs and service record of the candidates.
Seeking response from the respondents the tribunal ordered, “Perusing the entire facts of the case, we are of the opinion that there are in-depth questions of law involved in this case and it will be just and appropriate to adjudicate the matter after receipt of the counter and rejoinder from the parties.”
Directing the parties to file response by 2 May 2012, the tribunal said that the appointment in dispute will be subject to outcome of the case. “It is also provided that the result of the selection shall be subject to the ultimate outcome of the OA,” the Tribunal said.
Gujarat will have roof-top solar power policy - CM Narendra Modi
Thu 19 April 2012 RK Misra Patan
Gujarat chief minister Narendra Modi on Thursday unfolded the vision of roof-top solar power-packs that shall enable people in Gujarat to produce their own electricity and supply the surplus to the grid thereby generating additional income for the family. "An enabling state policy is on the anvil and shall be announced soon", he added even as the Asian Development Bank (ADB) announced an assistance of USD500 million for the second proposed solar park in Gujarat.
The Gujarat chief minister was speaking at a function in village Charanka of Patan district of North Gujarat where the first solar park of the state has come up with an investment of Rs 9000 crores in a 2669 acre plot of wasteland and possesses an operational capacity of 214 MW put up by private companies. The overall capacity of the Solar Park, when it expands to 5,000 acres, would be 500 mw, making it the largest solar farm in Asia.
This park forms part of the 605 MW solar power project spread across ten districts which was dedicated to the nation by the chief minister today. The project would produce 30 lakh units of clean energy daily, capable of electrifying 10 lakh households, and save 10 lakh tons equivalent of carbon dioxide emissions annually. “It has already created 30,000 additional jobs. Gujarat has enhanced it’s power generation capacity including the projects in various stages of implementation from 7000 MW to 18,000 MW over the last decade”, the chief minister said.
Detailing on the rooftop solar power pack vision, Modi said that once implemented it would enable individual homes to become self-reliant for their power needs and additionally enable people to rent out their rooftops for setting up such plants leading to additional earnings.” extra power generated could be sold to the grid for enhanced financial benefit”, he added.
The chief minister pointed out that technological developments had ensured a fall in production costs of solar power from Rs 15 to Rs 8.5 per unit.
Gujarat is already in the process of developing the state capital, Gandhinagar as a model solar city of the country. It already has multiple installations of solar rooftop systems ranging from 1 kilowatt (kw) to 150 kw at more than 150 locations, aggregating to a capacity of 1.39 mw. These cover a total of two acres of area on roofs, providing 1 percent of the total energy consumption in the state capital.
Recently, the state government had floated a 5 mw Solar photo-voltaic rooftop programme through the PPP model in the capital, Gandhinagar which is now being extended to five more cities and towns. This is the largest solar rooftop programme in India and is structured with a vision to mainstream the practice of solar rooftop systems in the country.
Under the project, the developers will install and own the system on buildings and households and get their returns on the feed-in tariff. The home and building owners will be paid a generation-based rent of Rs 3 per each unit of solar energy generated on their roof. The government will provide the viability gap funding and the rooftops of government buildings for installation of 4 MW.
The project is structured by Gujarat Energy Research and Management Institute (GERMI) while International Finance Corporation (IFC) is the transaction advisor and Gujarat Power Corporation Limited (GPCL) is the implementing agency. Two developers, Sun Edison Energy India Pvt. Ltd and Azure Sun Energy India Pvt. Ltd have been selected through an international competitive bidding process, official sources informed.
|Gujarat Bar Council to issue notice to riots case lawyers|
|26.09.2011 | 22:13
The State Bar Council here has decided to issue notice to five lawyers representing some of the 2002 riot victims. The decision was taken after allegations were made of misleading witnesses and filing wrong affidavits before the courts.
The allegations were made by one Premchand Tiwari, a local member of Vishwa Hindu Parishad here. He claimed that the lawyers violated rules under the Advocates Act and should be held liable for professional misconduct.
"During the general meeting held yesterday, the members of council have decided to issue notice seeking the explanation of all the five advocates." said KJ Sethana, chairman of state bar council.
The five lawyers are Mukul Sinha, Shamshad Pathan, SM Tirimiji, SH Iyer and Amrish Patel.
"Till the time I had not received the copy of notice but the matters have reached the media which has affected my image. Considering that I have sent a defamation notice to the bar council." said Mukul Sinha.
It may be remembered that Tiwari himself is an accused in one of the riot cases.
|Indore HCBA to hold election in October|
|24.09.2011 | 08:50
|In a meeting held on Friday, the High Court Bar Association, Indore, amidst much furore, has decided to hold elections in October. The extraordinary meeting was called for extension of the present working committee, however, the former President of the As|
|Advocate Kuldeep Choudhary elected Kangra Bar President|
|17.09.2011 | 19:31
The Kangra Bar Association today unanimously chose all its office bearers under the chairmanship of senior advocate Thakur Himal Chand. Advocate Kuldeep Choudhary was unanimously elected as the president of the Bar Association for the third consecutive ti
|Lawyers fully support Telengana demand|
|14.09.2011 | 11:40
Syed Ali Taher Abedi
The functioning of the judiciary in Andhra Pradesh has been severely affected by the agitation of lawyers belonging to different courts who are observing the call for a Telanagana agitation. However, as a result of a full bench notification passed by the
|Assam lawyers express concern over land pact with Bangladesh|
|12.09.2011 | 19:38
Law et al. News Network
|The All Assam Lawyers Association (AALA) has expressed concern over handing over of land failing within the state to neighboring Bangladesh as part of a bilateral treaty that was signed between the two countries on September 6 last at Dhaka during the|
|Lawyers condemn terror attack at Delhi High Court|
|07.09.2011 | 17:51
Hary M. Pillai
|The coordination committee of all the District Court Bar Associations today issued an urgent notice condemning the cowardly act on the part of extremist(s)to blast a bomb close to the entrance of the Delhi High Court resulting in the death of around 11|
|Paresh Mishra secures place in UP Bar Council|
|07.09.2011 | 16:17
Lawyer Paresh Mishra has been elected member of the Uttar Pradesh Bar Council from Lucknow. In the latest results announced for the election of 25 members Mishra secured 4607 votes as mandated. The elected members will have a tenure of five years. Paresh
|Allahabad lawyers demand judicial inquiry into Lakhimpur Kheri incident|
|05.09.2011 | 19:54
|Lawyers at the Allahabad High Court stayed away from court work from Monday afternoon in protest against the murder of two lawyers of Lakhimpur Kheri district and also took to the streets and blocked national highway 2 between Delhi and Kolkata. Their cou|
|Guwahati Lawyers Association in favour of enactment of Jan Lokpal|
|27.08.2011 | 09:16
Law et al. News Network
The Guwahati LawyersAssociation (GLA) on Friday while reiterating its support to the anti-corruption movement led by Gandhian leader Anna Hazare demanded that the government must enact Jan Lokpal Bill. The GLA demanded that all government offices right
|Indore lawyers resolve not to represent accused in murder case|
|26.08.2011 | 10:32
|The lawyers of Indore have reiterated their resolve not to appear for the accused in the triple murder case involving the murder of an Indore based lawyer Virendra Purohit. The lawyers had expressed similar sentiments earlier as well and held protests|
|Adopt Jan Lokpal Bill Demand Lawyers|
|20.08.2011 | 18:52
Mahesh Chander Sharma, D. Prasad
Anna Hazare's campaign against corruption in the country has received support from people across the spectrum. Lawyers too have joined the bandwagon raising their voice against growing corruption in the country. In sync with lawyers from other parts of th
|Delhi lawyers continue protest; Gujarat CJ stops lawyers from protesting|
|18.08.2011 | 00:19
|Lawyers under the banner of Adivakta Parishad Delhi Pradesh (APDP) Wednesday protested outside the Delhi High Court in support of Gandhian crusader Anna Hazare. APDP, a lawyerswing urged the public to join hands and support enactment of Jan Lokpal Bill|
|Lawyers support Hazare; Condemn Govt. action|
|17.08.2011 | 00:28
Hary M. Pillai
The legal community also joined the fray in support of social activist Anna Hazare leading the anti corruption movement in India. Lawyers across the country called for protest rallies. In Delhi lawyers held protest outside gate no. 5 of the Delhi High Cou