Tag Archives: Gujarat High Court

Gujrat HC declares poll postponement ordinace as unconstitutional

Newsroom24x7 Desk

gujarat high courtAhmedabad : Gujarat High court quashed an ordinance on delay of local bodies polls, terming it as ‘unconstitutional’, and directed the State Election Commission to conduct polls before the expiry of their terms. This move by Gujarat HC has been viewed as a major blow to the Gujarat government, which is led by Anandiben Patel, the present Chief Minister of Gujarat, who succeeded Prime Minister Narendra Modi after Modi was sworn in as Prime Minister post last lok sabha polls.

The court also came down heavily on Gujarat State Election Commission (SEC) for using government ordinance to postpone local bodies polls for three months, stating this act was ‘illegal’ and its attitude regarding timely conduct of polls was ‘negative’.

The HC division bench of acting Chief Justice Jayant Patel and Justice N V Anjariya said – The ordinance amending section 7(a) of Bombay Provincial Municipal Corporation Act, 8(A) of Municipality Act and 257 of Panchayat Act ‘is unconstitutional and void and hence quashed and set aside.

Disturbed by Patel community’s agitation for quota, the Bharatiya Janata Party government had amended three laws by way of ordinance on October 3 which allowed it to advice SEC to delay local bodies poll in case of law and order problem. On the same night, the SEC had issued a notification postponing local bodies polls for three months, citing law and order situation in the wake of Patel quota agitation. The notification stated that elections to six municipal corporations, 56 municipalities, 230 taluka panchayats and 31 district panchayats were expected to be held between October and November this year as the term of these bodies would be expiring in the period. However, the same would now get delayed and a call on it would be taken only after three months.

High Court directs Gujarat government to restore peace, tells Police not to cross the limits of law

Newsroom24x7 Desk

CCTV footage shows Police vandalising private property in Gajarat. Gujarat Government will submit in this matter a report before the High Court
CCTV footage shows Police vandalising private property in Gujarat. The State Government will place a report about this incident before the Gujarat High Court

Ahmedabad: The Gujarat High Court has directed the Gujarat Government, in particular, the state Chief Secretary and Home Secretary to abide by the declaration made before this Court and restore
peace and the law and order situation in the State.

Responding to a Writ Petition (PIL) NO. 174 of 2015 on Friday, 28, August, a two judge bench of Gujarat High Court comprising Acting Chief Justice JAYANT Patel and Justice N.V.Anjaria passed an orrder which says: “Considering the facts and circumstances, we find that restoration of peace in the State and resumption and return of normalcy in the life and affairs are of the prime concern and it should stand on priority of the State Officials, and people at large of the State should appreciate all actions on the part of State to restore the peace.”

On the grievance of the petitioner about the commission of police atrocities and more particularly pertaining to the police high-handedly and police pefrsonnel entering the houses of the residents and resorting to lathi charge; use of force inside a housing complex and breaking of glasses of the cars and causing damage to the private properties of the citizens; and the submission for Court direction for taking appropriate action against the police personnel and officials who had indulged in such activities, the Gujarat High Court order says that action can can wait for some time for response and report of the State government in this regard.

However the Court has emphasised that the State Government should convey to all police personnel and officials about the limits of their power. While restoring peace they shall not cross the limits of the law, attracting other further penal and deterrent consequences, the order says.

In this regards, the State Advocate General submitted that the State would look into the matter and what actions are taken against such police officials, shall be reported to this Court by the next hearing.

The Gujarat High Coourt has suggested to the Advocate General to get the instructions for formation of team of the high officials and for taking other requisite steps to restore peace and law and order situation in the State.

A day after the High Court order, Patidar Anamat Andolan Samiti leader Hardik Patel, who is leading a massive movement demanding reservation under the other backward community (OBC) quota for the Patidar community, on Saturday visited the house of Shwetang Patidar, who allegedly died of injuries inflicted by Police when violence broke out after Hardik’s rally here on 25 April.

Shwetang’s mother filed a petition in court on Thursday accusing the Police of beating her son to death.

Hardik asked Shwetang’s sister to tie him a Rakhi and said that the Gujarat Government will face the consequences. Shwetang’s last rites have been scheduled for Sunday since it was Rakshabandhan today.


 

The State Advocate General has tendered before the Gujarat High Court broad points for appropriate arrangements including formation of team of high ranking officers to restore law and order. The arrangements are as follows:

1. A team of High Ranking Officers consisting of
(i) Chief Secretary
(ii) Home Secretary
(iii) D.G. & I.G.P.
(iv) D.G.P. (Intelligence), and
(v) D.G.P. (Law and Order)
is holding meetings for three times a day for taking stock of the situation in the entire State and for issuing requisite instructions/orders for getting the needful done as per the requirement.
2. For quick dissemination of information, the following Control Rooms are fully functional:
(i) State Control Room, at the office of D.G.P. and I.G.P.
(ii) Control Room at the Home Department
(iii) Control Room at each of the offices of Commissioner of Police in the cities of Ahmedabad, Surat, Baroda and Rajkot.
(iv) Control Room at each of the offices of Superintendent of Police in all the Districts in the State.
3. Peace appeal to the people of Gujarat by CM being telecast on various media channels.
4. Review meeting held by Hon’ble CM around 2 PM on 26th August, 2015 to review the law and order situation in the State and decisions taken with respect to the following:
a) Shanti Samiti/Mohalla Samiti/Ekta Samiti Meetings to be held by all district collectors/Commissioners immediately.
b) Peace appeals by various religious saints and other prominent leaders to be telecast on various media channels.
5. At the District Level, District Magistrate and Superintendent of Police have been instructed to keep a close vigil for taking care of any emergent situation. They have also been instructed to conduct the meetings of Shanti Samity and Akta Committee, consisting of the representatives of the respective communities, so as to maintain peace.
6. Similarly, at Sub-Divisional Level, Sub-Divisional Magistrate (i.e. Prant Officer) and Deputy Superintendent of Police and at Taluka Level, Mamlatdar and Executive Magistrate and Police Station In-charge have been accordingly instructed.
7. Arrangements are being made for conveying peace messages through religious leaders and social leaders in TV and Radio.
8. Ten senior officers of the rank of SP and above including two ADGP rank officers were deputed at sensitive locations across the State post 25th August incident.
9. At present, there are 162 Armed Police Force Companies (i.e. 53 companies of CRPF and 109 companies of SRP) are deployed throughout the State towards maintenance of law and order.
10. Further, 11 companies of Army have been called in (i.e 5 companies in Ahmedabad and 2 companies each in Surat, Rajkot and Mehsana) for aiding civil
administration.
11. Prevailing situation is being continuously reviewed by the high ranking State Officials headed by the Chief Secretary.

Income Tax work suffers as promotions are held up at ACIT level

income tax

Newroom24x7 Correspondent

New Delhi, Jan. 7: The Income Tax department’s backlog for 2008, 2009 (leftover cases) and 2010 promotions has been addressed to some extent and many officers have been promoted as Deputy Commissioner of Income Tax (DCIT) in the senior time scale with effect from January 1, 2015 but still there is widespread resentment and disenchantment at a broad level among the ACIT and ITO level officers since promotions is held up in the case of a large number of officers at this level due to deficient APARs.

The issue of promotions is hampering work in the Income Tax department since the seniority list of ITOs has not been updated in all the regions. While the task of revision has been completed in UP (East), Kerala and North-Eastern region (NER), the job is far from over in other parts of the country. Consequently the promotion in the cadre of ACIT continues to remain in suspended animation for a large number of officers who are extremely frustrated. Pressure is mounting on the Central Board of Direct Taxes (CBDT) for granting promotion to the cadre of ACIT. Time is a crucial factor on this count since CBDT is bound by the Supreme Court judgement in the Union of India vs NR Parmar case.

The Union of India vs NR Parmar case which came up before the Supreme Court addressed  the dispute of seniority between Income Tax Inspectors of the Income Tax Department, direct recruits and promotees who were pitted on opposite sides. One of the matters brought up through this case was considered by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in R.C. Yadav & Ors. vs. Union of India & Ors. (2003). The application in this regard had been filed by direct recruits.

Another original application in this matter, 2003 (N.R. Parmar & Ors. vs. Union of India & Ors.) was filed by promotees. Both the applications were decided by a common order on January 12, 2004. The CAT, Ahmedabad, held, that seniority of direct recruits would have to be determined with reference to the date of their actual appointment. The implicit effect of the aforesaid determination was, that the date of arising of the direct recruit vacancies, or the date of initiation of the process of recruitment, or the date when the Staff Selection Commission had made recommendations for the filling up direct recruit vacancies, were inconsequential for determination of seniority of direct recruits.

The CAT, Ahmedabad decision was brought for review before the High Court of Gujarat at Ahmedabad. The Gujarat High Court by its order on August 17, 2004 upheld the order of the CAT, Ahmedabad. Subsequently government of India assailed the order passed by the Gujarat High Court in the Supreme court through a Civil Appeal in 2005 (Union of India & Ors. vs. N.R. Parmar & Ors.). The direct recruits also separately challenged the order passed by the Gujarat High Court by filing Civil Appeal (Virender Kumar & Ors. vs. Union of India & Ors.).

On the same subject, an identical controversy was also raised before the Central Administrative Tribunal, Principal Bench, New Delhi. After a series of legal battles between the rivals–the promotee Income Tax Inspectors and direct recruit Income Tax Inspectors (details whereof are being narrated at a later juncture), the CAT, Principal Bench at Delhi passed an order in September 2004. This order was assailed by direct recruit Income Tax Inspectors by filing a civil Writ Petition before the Delhi High Court in 2005. A Division Bench of the Delhi High Court on in March.2005 had issuing notice and stayed the “impugned order” passed by the CAT, Principal Bench.

Similar applciations were also filed by promotee Income Tax Inspectors before the Central Administrative Tribunal, Jodhpur Bench. Their grievance was against the seniority-list as direct recruit Income Tax Inspectors, though appointed later, were placed higher in the seniority-list, i.e., above promotee Income Tax Inspectors, merely because they occupied vacancies of earlier years. The CAT, Jodhpur allowed the claim of the promotee Income Tax Inspectors by a common order. The order passed by the CAT, Jodhpur in September 2003 was chalenged before the High Court of Judicature for Rajasthan at Jodhpur. The petitioners in this case also sought the transfer of the writ petitions to the Supreme Court by asserting that the controversy was identical to the one pending adjudication before the apex court.

Appointment to the cadre of Income Tax Inspectors in the Income-Tax Department is made by way of promotion, as also, by direct recruitment in the ratio of 2:1 respectively, i.e., 66-2/3 by promotion and 33-1/3 by direct recruitment. The controversy in TC (C) no.91 of 2006 pertains to vacancies for the year 1993-94. The vacancies for the year 1993-94 which were identified to be filled up by way of promotion were referred to the Departmental Promotion Committee), whereas, those identified to be filled up by direct recruitment, were simultaneously referred to the Staff Selection Commission. Matters snowballed as some promotee Income Tax Inspectors were promoted to the next higher post of Income Tax Officer. Certain direct recruits who considered themselves senior to the promoted Income Tax Officers, approached the CAT, Principal Bench, seeking consideration for promotion to the cadre of Income Tax Officers, from the date their juniors were promoted as such.

A two judge bench of the Supreme Court comprising of Justice D.K. Jain and Justice Jagdish Singh Khehar in November 2012 passed an order in this case declining the claim of the promotees, that the direct recruit Income Tax Inspectors, should be assigned seniority with reference to the date of their actual appointment in the Income Tax Department .