Delhi High Court on Thursday came to rescue of a poor workman by directing a Delhi Government Undertaking to pay to him wages from the date of removal i.e. 26th June, 1990 till the age of superannuation and thereafter, all the consequential relief of pension etc.
Shri Azad Singh working as Driver with Delhi Tourism and Transportation Corporation Limited (DTTCL) had filed petition in 1991 in Delhi High Court against removal from service on 26.06.1990. He was removed on the alleged charges that on 27.11.1987, he along with an outsider entered in the office of the management with a bottle of whisky and he started drinking there and misbehaved with the staff. Shri Azad Singh denied the correctness of the charges and claimed to have falsely implicated.
Justice M.L.Mehta accepting the arguments of petitioner’s Counsel Mr. Anuj Agarwal, that there was no positive and reliable evidence supporting the charges leveled against the petitioner and also that a reasonable opportunity to defend had not been afforded, quashed the removal order dated 26th June 1990.
http://lobis.nic.in/dhc/MLM/judgement/26-11-2011/MLM25112011CW38501991.pdf
Sunday, November 27, 2011
Friday, November 25, 2011
DELHI GOVT NOTIFIES RTE RULES
After pulled up by Delhi High Court, Delhi Government has today issued Notification notifying Rules under Right of Children to Free and Compulsory Education Act, 2009.
Social Jurist writes to Union Health Minister for National Policy on Free Treatment in Pvt. Hospitals
Social Jurist
To,
Sri Gulam Nabi Azad
Union Minister of Health,
Government of India,
Nirman Bhavan, New Delhi-1
25.11.2011
SUBJECT: Seeking formulation of a clear National Policy by the Central Government to ensure that all private hospitals across the country which have been provided government land at concessional rates in any part of the country should be directed to provide free medical treatment and free beds to the extent of 10% IPD and 25% OPD to poor patients on the lines of such free medical treatment and free beds having been facilitated to the poor by the Hon’ble Supreme Court in over 40 private hospitals which were provided concessional government land in the National Capital Territory of Delhi
Dear Sir,
This has reference to the submission of the learned Central Government Counsel before the Delhi High Court on 24/11/2011 that the government is in the process of formulating a policy for the National Capital Territory of Delhi with regard to providing free treatment and beds to poor patients in 42 private hospitals which were given government land at concessional rates for the purpose.
While dismissing the Special Leave Petitions of the 10 private hospitals, the Hon’ble Supreme Court, in its landmark order dated 1 September 2011, had clearly stated that all hospitals which have been provided concessional government land are duty bound to provide 10% IPD and 25% OPD facilities free of cost to the poor patients. In view of the spirit of the Supreme Court order dated 1 September 2011, the Central Government should come out with an elaborate National Policy to facilitate similar free medical treatment and beds to the poor patients in all private hospitals across the country which have been provided concessional land in any part of the country.
It is submitted that public lands on concessional rates have been provided to charitable societies all over the country for running hospitals. However, barring Delhi, all the private hospitals in other States and Union Territories are not at all providing free medical treatment to the economically weaker sections, perhaps in the absence of clear policy decision by the Central Government. By not providing free treatment to the poor, these hospitals for the last four decades have not only violated the terms of the land allotments with impunity but have also cheated the people of this country.
If a clear National Policy is formulated by the Central Government with regard to providing free treatment to poor patients in private hospitals all over the country – while taking into consideration the spirit of the Supreme Court’s 1 September 2011 order – it will go a long way in ensuring that thousands of poor patients living across the country are immensely benefited and also saved from the undue harassment at the hands of the management and authorities of the private hospital which has been provided concessional government land.
Thanking you,
Warmest Regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M- 9811101923
To,
Sri Gulam Nabi Azad
Union Minister of Health,
Government of India,
Nirman Bhavan, New Delhi-1
25.11.2011
SUBJECT: Seeking formulation of a clear National Policy by the Central Government to ensure that all private hospitals across the country which have been provided government land at concessional rates in any part of the country should be directed to provide free medical treatment and free beds to the extent of 10% IPD and 25% OPD to poor patients on the lines of such free medical treatment and free beds having been facilitated to the poor by the Hon’ble Supreme Court in over 40 private hospitals which were provided concessional government land in the National Capital Territory of Delhi
Dear Sir,
This has reference to the submission of the learned Central Government Counsel before the Delhi High Court on 24/11/2011 that the government is in the process of formulating a policy for the National Capital Territory of Delhi with regard to providing free treatment and beds to poor patients in 42 private hospitals which were given government land at concessional rates for the purpose.
While dismissing the Special Leave Petitions of the 10 private hospitals, the Hon’ble Supreme Court, in its landmark order dated 1 September 2011, had clearly stated that all hospitals which have been provided concessional government land are duty bound to provide 10% IPD and 25% OPD facilities free of cost to the poor patients. In view of the spirit of the Supreme Court order dated 1 September 2011, the Central Government should come out with an elaborate National Policy to facilitate similar free medical treatment and beds to the poor patients in all private hospitals across the country which have been provided concessional land in any part of the country.
It is submitted that public lands on concessional rates have been provided to charitable societies all over the country for running hospitals. However, barring Delhi, all the private hospitals in other States and Union Territories are not at all providing free medical treatment to the economically weaker sections, perhaps in the absence of clear policy decision by the Central Government. By not providing free treatment to the poor, these hospitals for the last four decades have not only violated the terms of the land allotments with impunity but have also cheated the people of this country.
If a clear National Policy is formulated by the Central Government with regard to providing free treatment to poor patients in private hospitals all over the country – while taking into consideration the spirit of the Supreme Court’s 1 September 2011 order – it will go a long way in ensuring that thousands of poor patients living across the country are immensely benefited and also saved from the undue harassment at the hands of the management and authorities of the private hospital which has been provided concessional government land.
Thanking you,
Warmest Regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M- 9811101923
Wednesday, November 9, 2011
MAHARASHTRA RTE RULES ON UNIFORM SMACKS COMMUNAL AGENDA
By Ashok Agarwal, Advocate & Social Activist
Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 which has come into force from 11 October 2011 in Section 2 (r) has defined “Uniform” means a dress decided by the concerned school committee with due consideration to the expected norms of behavior and discipline, to be worn by students of the school. Such a definition of “Uniform” in the Rules, in my humble submission, is open to be exploited by communal minded element in the school committee.
Mail Today, New Delhi, November 10, 2011 has reported that a preposterous correlation between Jeans and rape cases has prompted some community leaders to advocate a regressive dress code for girls in Muzzaffarnagar district of U.P. The suggestion comes close on the heels of similar curbs that were slapped by a village khap in the district. The Brahmin Samaj of Muzaffarnagar believes that jeans must not be worn by girls. Over 50 members of the community held a meeting in the Fogana area on Tuesday evening and concluded that rape cases were on the rise because of this sartorial preference of the fairer sex.
It is submitted that Article 51-A of the Constitution of India which deals with Fundamental Duties of Citizens amongst others talks of developing the scientific temper, humanism and the spirit of inquiry and reform. Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 which deals with Curriculum and Evaluation Procedure amongst others talks of making the child free of fear, trauma and anxiety and helping the child to express views freely. It is therefore, submitted that the definition of “Uniform” given in the Maharashtra RTE Rules, 2011 goes against the letters and spirit of the Constitution and the RTE Act, 2009.
Contact at Email: juristashok@gmail.com
Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 which has come into force from 11 October 2011 in Section 2 (r) has defined “Uniform” means a dress decided by the concerned school committee with due consideration to the expected norms of behavior and discipline, to be worn by students of the school. Such a definition of “Uniform” in the Rules, in my humble submission, is open to be exploited by communal minded element in the school committee.
Mail Today, New Delhi, November 10, 2011 has reported that a preposterous correlation between Jeans and rape cases has prompted some community leaders to advocate a regressive dress code for girls in Muzzaffarnagar district of U.P. The suggestion comes close on the heels of similar curbs that were slapped by a village khap in the district. The Brahmin Samaj of Muzaffarnagar believes that jeans must not be worn by girls. Over 50 members of the community held a meeting in the Fogana area on Tuesday evening and concluded that rape cases were on the rise because of this sartorial preference of the fairer sex.
It is submitted that Article 51-A of the Constitution of India which deals with Fundamental Duties of Citizens amongst others talks of developing the scientific temper, humanism and the spirit of inquiry and reform. Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 which deals with Curriculum and Evaluation Procedure amongst others talks of making the child free of fear, trauma and anxiety and helping the child to express views freely. It is therefore, submitted that the definition of “Uniform” given in the Maharashtra RTE Rules, 2011 goes against the letters and spirit of the Constitution and the RTE Act, 2009.
Contact at Email: juristashok@gmail.com
NOTIFY RTE RULES IN THREE WEEKS – HIGH COURT DIRECTS DELHI GOVERNMENT
Delhi High Court (Chief Justice Bench) today directed Government of Delhi to make notified Rules under Section 38 of Right of Children to Free and Compulsory Education Act, 2009 in 3 weeks. These directives have come on the PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that despite having the RTE Act, 2009 coming into force w.e.f. 01.04.2010, Delhi Government has failed to make Rules by Notification resulting in delay in implementation of most of the important provisions of the Act. ”The failure to do so on the part of the Government defeats the very object and purpose of the enactment of RTE Act, 2009”, submitted Mr. Agarwal.
The Court taking serious note of the deliberate delay in bringing notified rules, had on the last hearing directed Delhi Principal Secretary (Education) Mr. Rakesh Mohan to be personally present in the Court today. The Delhi Government Counsel has informed the Court that the final Rules have been approved by the Cabinet on 04.11.2011 and have been sent to the Lt. Governor of Delhi for assent on 08.11.2011 and would be notified within 3 weeks. Mr. Rakesh Mohan was also present in the Court. Disposing of the PIL, the Court noted that the notified rules were required for the implementation of the Right of Children to Free and Compulsory Education Act, 2011 and directed the Government to notify the rules in 3 weeks positively.
The Court taking serious note of the deliberate delay in bringing notified rules, had on the last hearing directed Delhi Principal Secretary (Education) Mr. Rakesh Mohan to be personally present in the Court today. The Delhi Government Counsel has informed the Court that the final Rules have been approved by the Cabinet on 04.11.2011 and have been sent to the Lt. Governor of Delhi for assent on 08.11.2011 and would be notified within 3 weeks. Mr. Rakesh Mohan was also present in the Court. Disposing of the PIL, the Court noted that the notified rules were required for the implementation of the Right of Children to Free and Compulsory Education Act, 2011 and directed the Government to notify the rules in 3 weeks positively.
PRIVATE HOSPITAL ASKED TO REFUND MONEY TO POOR PATIENT
- Monitoring Committee of which I am a member inspected three private hospitals, namely, Delhi ENT Hospital & Research Centre, Jasola, Gujarmal Modi Hospital, Saket and Max Super Specialty Hospital, Saket on Monday November 08, 2011. The Committee noted that in ENT Hospital & Research Centre, a female patient whose family monthly income was less than Rs.6422/- was admitted in the paid category whereas all the three free beds were lying vacant. The Committee advised the Hospital that the concerned patient must be converted in free category and the money deposited (Rs.2500/-) be refunded. It was found that 6 free beds out of 10 were lying vacant in Gujarmal Modi Hospital whereas 26 free beds out of 30 were lying vacant in Max Super Specialty Hospital.
Friday, November 4, 2011
TEACHER ILL TREATS CLASS VIII STUDENT
UNFORTUNATE & CRUEL- Economically poor Class VIII student of Guru Harkrishan Public School, India Gate (situated on govt allotted land on highly concession rates with a view that the school will provide free education to economically weaker student) today got two slaps on his face besides hearing humiliating words from his teacher. His fault is that he boarded school bus to go back to home after school was over and the heartless teacher pulled him out of bus under the incorrect impression that the student has not deposited bus fees. What kind of education institutions we have?
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