Tag: show cause notice

AAP Govt Issues Show-Cause Notice To Education Dept Over Abrupt Transfer of 5,000 Teachers

The Delhi education department had issued the orders on Tuesday, at midnight, despite education minister Atishi’s directive to halt the transfers.

New Delhi: Delhi education minister Atishi on Wednesday issued a show-cause notice to the education secretary and the education department after it issued abrupt transfer orders to nearly 5,000 government school teachers.

The Delhi education department had issued the orders on Tuesday, at midnight, despite Atishi’s directive to halt the transfers, the Indian Express reported.

The AAP government has sought an explanation for “disobeying” the minister’s order, citing Article 239 AA which “gives the Delhi government power to exercise over matters in the Concurrent List”.

The education department had issued a circular on June 11, asking all teachers who had completed 10 years in a particular school to apply for a transfer.

“All the teachers who have completed 10 years continuously in the same school shall compulsorily apply online… for transfer on the basis of mutual or general opting for maximum number of schools,” the circular said, adding that those who do not comply will be transferred “to any school” by the headquarters on its own.

The government school teachers association had urged the department to revoke the guideline stipulating transfer of teachers after a particular time period. Some members of the association had met Atishi on Monday and submitted a memorandum after which the minister instructed the education secretary to withdraw the order.

The association’s general secretary, Ajay Veer Yadav, has written to the education directorate and the Lieutenant Governor of Delhi, requesting a grievance redressal committee for all transferred teachers, the Indian Express report said.

A delegation of government school teachers, including Yadav, is expected to meet the director of education on Thursday. Yadav said factors like medical condition, disability, retirement and distance from residence should be taken into consideration.

“This decision will affect the student-teacher relationship to some extent. Besides, it will affect teachers who have illness or who are disabled,” Praveen Sharma, who has been teaching at a government school in Sultanpuri for the last 14 years, told the paper.

‘Will affect long standing student-teacher relationships’

Shailendra Sharma, former principal advisor to the education director, had slammed the department’s June 11 directive saying that it goes against the Union government’s National Education Policy (NEP) and will affect long standing student-teacher relationships.

“This type of random transfer may be necessary in the case of government clerks, but it is completely unnecessary in the teaching profession,” Sharma wrote in a post on X.

“NEP 2020 says, the harmful practice of excessive transfers will be prohibited to ensure that the relationship between the teacher and the community is built and remains connected to the community so that the students can get role models and an educational environment,” he said.

Assam CM Sarma Issues Show-Cause Notice to State Minister for Apologising to ULFA-I Chief

After the chief of the banned ULFA-I threatened to boycott state cabinet minister Sanjoy Kishan from certain areas in the state, the latter had issued a public apology, even invoking Sarma’s name.

New Delhi: Nearly two weeks after Assam cabinet minister Sanjoy Kishan had issued an apology to Paresh Baruah, supremo of banned armed group, the United Liberation Front of Asom – Independent (ULFA-I), for calling him a ‘liar’ at a public event, chief minister Himanta Biswa Sarma has issued a show-cause notice to Kishan to explain himself. 

The ULFA was banned by the Ministry of Home Affairs in 1990. Subsequently, the outfit broke into two factions, with one continuing to engage with the Union government for peace talks since early 2000 and the Baruah faction – the ULFA-I – opposed to it until the issue of Assam’s sovereignty was put on the discussion table.

Baruah is widely believed to be residing somewhere along the Myanmar-China border.

According to news reports from the state, Kishan, the Tea Tribe and Employment minister in the Bharatiya Janata Party (BJP)-led Assam government, took part at a ‘Gunatsov’ programme of the state education ministry in the Nagaon district on May 13. When a reporter asked Kishan about the ULFA-I killing two youths for allegedly being police informants, and another youth, Bijoy Gogoi, declared to have died by suicide, Kishan had called Baruah a “liar”.

On May 16, top ULFA-I functionary Arunudoy Asom sent emails to some news organisations in the state demanding Kishan’s apology within 24 hours and threatening to boycott the BJP leader from the Dibrugarh and Tinsukia districts in upper Assam if the apology was not issued. Kishan hails from the tea belt in that very region.

Within hours, Kishan held a press meet in Tinsukia and publicly apologised to Baruah.

“Our chief minister Himanta Biswa Sarma is trying to create an atmosphere to bring ULFA-I to the negotiating table to establish peace in Assam. And I don’t want that atmosphere to be disturbed. I just talked about some youths joining ULFA and if my comment hit the sentiment of Paresh Baruah in any way, I seek apology for that,” the BJP minister was quoted as saying.

On May 28, Sarma’s office sent a show cause notice to the minister to explain why he chose to tender an apology to the head of a banned outfit. 

Also read: Himanta Biswa Sarma Bragged About Buying PPE Kits From China. But an RTI Reply Says His Govt Never Did.

Reacting to the May 28 action of the government, the opposition have demanded that Kishan be dropped from the ministry as he had gone against the constitution, on which he took an oath.

This week, the chief minister has been facing the opposition’s ire after a joint report by The Wire and The Cross Current has shown that while he had told the media in 2020 that the state health department, which he then headed, had imported 50,000 personal protective equipment (PPE) kits from China, a reply to a request under the Right to Information (RTI) Act from the department categorically stated that it had not.

Sarma was reported to have received the consignment from Guwahati airport in 2020 along with another BJP minister, Piyush Hazarika, who was seen as being close to him. Sarma had been widely lauded across national and state media then.

 

Congress Serves Show-Cause Notice to Amarinder Singh’s Wife Preneet Over ‘Anti-Party Activities’

The party said if Kaur’s cannot explain her stand on the issue within seven days, it will be forced to take necessary disciplinary action.

Chandigarh: The Indian National Congress on Wednesday issued a show-cause notice to its Patiala MP Preneet Kaur, the wife of former chief minister Amarinder Singh, seeking an explanation for her “anti-party activities”.

Kaur has been asked to explain her stand within seven days.

Issuing the notice to Kaur, Congress leader Harish Choudhary, the in-charge of party’s Punjab affairs, wrote, “For the last many days, we are continuously receiving reports from Congress workers, MLAs, leaders from Patiala and the media about your anti-party activities.”

“This information and news have been coming ever since your husband Captain Amarinder Singh ji resigned from Congress and floated his own party: Punjab Lok Congress. We are also made aware of your announcements in the media about siding with your husband’s party,” he wrote.

In the notice, the Congress asked Kaur to explain her stand on the issue within seven days “otherwise the party will be forced to take necessary disciplinary action”.

Notably, Amarinder Singh had resigned as Punjab chief minister in September amid a bitter power tussle with state Congress chief Navjot Singh Sidhu.

Charanjit Singh Channi had replaced Amarinder Singh.

After his unceremonious exit from the state government, Amarinder Singh floated his political party and named it the Punjab Lok Congress. He is hoping for a seat arrangement with the Bhartiya Janata Party for the upcoming elections.

Amarinder Singh had also announced that he will fight from the Patiala seat, his family bastion, in the 2022 assembly elections. He has represented the seat four times — 2002, 2007, 2012 and 2017.

(PTI)

‘UPSC Jihad’: SC Adjourns Hearing After Centre Issues Show Cause Notice To Sudharshan News

Solicitor general Tushar Mehta informed the court on Wednesday that it has prima facie found violation of the programme code by the show.

New Delhi: After the Centre informed the Supreme Court on Wednesday that it has prima facie found violation of the programme code by Sudarshan TV’s ‘Bindas Bol’ show and has issued a notice to the channel, the top court adjourned hearing in the matter until October 5.

The top court said that the steps taken by the government in pursuance to the show-cause notice against the channel will be subject to the orders of the court.

A bench of Justices D.Y. Chandrachud, Indu Malhotra and K.M. Joseph was informed by solicitor general Tushar Mehta that Sudarshan TV has to give reply to the show cause notice by September 28, failing which an ex parte decision will be taken.

During the course of the hearing today, Mehta said that the Central government has, in exercise of the power conferred upon it by sub-section (3) of Section 20 of the Cable Television Networks (Regulation) Act 1995, issued a notice to show cause dated September 23, to Sudarshan News.

The bench said that since the notice is stated to be returnable on September 28, Mehta has requested the court to defer the hearing in the present case so as to enable the Central government to take a considered view of the matter.

Also Read: Sudarshan TV’s ‘UPSC Jihad’ Episode is an Assault Not Just on Muslims but on the UPSC Too

Since the notice has been issued on Wednesday, the hearing is deferred to October 5, the court said.

It added: “The notice shall be dealt with in accordance with law and the Central Government shall submit a report to this Court indicating the outcome of the notice.”

“Since the notice has been issued during the pendency of these proceedings, further steps in pursuance of the notice to show cause shall be subject to the result of the present proceedings and to such orders as may be passed by this Court.”

The top court also said that its interim order of September 15, 2020 (injuncting the telecast of remaining episodes of the programme) shall continue to remain in operation pending further orders.

During the brief hearing, Mehta said that the four-page notice to the channel has sought an explanation on various points regarding violation of the programme code and why action should not be taken against it.

The detailed notice under Cable Television Network (Regulation) Act, 1995 was issued on Wednesday itself, showing facts that are, according to the government, prima facie not in accordance with the programme code, he said.

The bench observed that if the case wasn’t heard by the court then all episodes would have been aired by now. At the outset, it asked intervenors in the matter to file written submissions, if any.

On September 21, the top court had pondered over the nature and extent of its order regulating ‘Bindas Bol’ programme on alleged infiltration of Muslims in bureaucracy saying it did not want to curtail freedom of speech.

Supreme Court of India. Photo: The Wire

Background

The apex court, which has already imposed the pre-telecast ban on episodes of the show on a plea raising grievances against it on grounds including hate speech, was irked over the fact that the channel, in its affidavit, has named one English news channel for running two shows on Hindu terror earlier.

“Why have you said about the programmes (of the English news channel)? Who asked about your opinion about the programmes?” it had said.

Lawyer Vishnu Shankar Jain, appearing for editor-in-chief Suresh Chavhanke, had said that his affidavit contained reference of the English channel and their programmes on Hindu terror as he was asked earlier as to why the ‘UPSC Jihad’ episodes have shown Muslim men in skull caps and wearing green.

The bench then said:

“Does this mean that every time, the judges asked questions you will shoot your mouth with your views? If that is the case then judges will stop asking questions. You are not supposed to file affidavits on all the questions which judges ask. Judges ask questions to elicit a better response.”

Also Read: ‘Let Message Go to Media That a Particular Community Can’t Be Targeted’: SC in Sudarshan TV Hearing

On being told by the petitioners that the episodes have violated the programme code under cable TV rules, the top court pondered over the extent of control and curb which can be imposed by it through its orders.

“This programme (‘Bindas Bol’) has public interest involved on (issues of) foreign funding or on reservation. If we are to issue injunction (stay) then what kind of injunction will be like, whether it should be a blanket injunction. There is also public interest involved with it,” the bench had observed.

The top court had observed that constitutional values, human dignity are needed to be protected but the court cannot become the enforcers of programme code.

Earlier, the top court had questioned Sudarshan TV over its programme asking whether the media can be allowed to target the whole set of communities.

It had asked the Ministry of Information and Broadcasting and the National Broadcasters Association to give suggestions for strengthening the self-regulating mechanism of NBA for electronic media.

(With PTI inputs)

BJP Gorakhpur MLA Gets Notice for Social Media Posts ‘Maligning’ Party Image

Radha Mohan Das Agarwal had last week said he took to social media platform Twitter to force authorities to act in a case related to the death of a BJP leader’s kin in a celebratory firing.

Lucknow: BJP legislator from Gorakhpur Radha Mohan Das Agarwal has been served a show cause notice by the party over his social media posts “maligning” the image of the party and the government.

The party has sought his reply within seven days in the matter.

“The notice was issued by state party general secretary J P S Rathore on directives of BJP state president Swatantra Dev Singh,” a party statement issued here said on Thursday.

“Your posts on social media are maligning the image of the government and the party. Your act comes in the category of indiscipline. You should clarify on this,” it said, adding that the MLA’s behaviour was against the “policies and principles” of the party.

Agarwal, the four-time BJP MLA from Gorakphur, had last week said he took to social media platform Twitter to force authorities to act in a case related to the death of a BJP leader’s kin in a celebratory firing.

He said he had to approach Uttar Pradesh chief minister Yogi Adityanath through Twitter to apprise him of the police “inaction” when his five calls each to the state’s additional chief secretary (Home) and the police chief on August 17 went unanswered.

The case pertains to the death of Ajit Pratap Singh, the brother-in-law of BJP worker Mahendra Pratap Singh, on June 25. Ajit suffered bullet injury in celebratory firing during a marriage procession in his neighbourhood, and died unnoticed by people, according to reports.

Ajit was standing in the balcony of his flat watching the wedding of his neighbour Mustafa’s daughter. One Shanu Khan opened fire in celebration during the wedding when a bullet hit Ajit and he died, Mahendra Pratap Singh alleged.

Ajit’s body kept lying in the balcony for two days. The post-mortem revealed that he died of bullet injury, but the Lakhimpur Kheri police failed to take action in the matter even as Mahendra Pratap ran from pillar to post for justice, the reports said.

The Gorakhpur MLA said the authorities assured him of the requisite action, only after he resorted to social media to lodge the complaint with the chief minister.

The MLA later deleted his tweets after the Lakhimpur Kheri police arrested the accused after lodging a case of culpable homicide not amounting to murder under IPC section 304.

Agarwal stated that his action should not be misconstrued as protest against his party’s government in the state.

“I am with my party inside the assembly, but as people’s representative, I am with the people outside the assembly,” he had said.

EC Show Cause Notice: TMC, CPI, NCP Face Prospect of Losing National Party Status

The Commission has asked them to explain why their national party status should not be revoked.

New Delhi: The Nationalist Congress Party (NCP) , the Trinamool Congress (TMC) and the Communist Party of India (CPI) face the prospect of losing their national party status following their performance in the Lok Sabha elections with the Election Commission on Thursday issuing them a show cause notice.

The Commission has asked them to explain why their national party status should not be revoked, sources said.

They have been asked to respond to the notice by August 5.

In the 2014 Lok Sabha polls, the NCP had won six seats. This time it won five. It also did not do well in the Maharashtra assembly polls.

Similarly, the TMC won 34 seats in 2014 Lok Sabha polls and managed 22 this time.

The CPI won two in this election and one in 2014. But its performance in West Bengal and other states in assembly polls was dismal.

The CPI, the Bahujan Samaj Party (BSP) and the NCP were facing the prospects of losing their national party status after their dismal performance in the 2014 Lok Sabha elections as well.

However, they got a reprieve when in 2016 the EC amended its rules, whereby national and state party status of political parties are to be reviewed every ten years instead of five.

The BSP, which won ten Lok Sabha and some assembly seats, does not face the possibility of losing its national party status now.

According to the Election Symbols (Reservation and Allotment) Order, 1968, a political party can be recognised as a national party if its candidates secure at least 6% of votes polled in four or more states in Lok Sabha or assembly elections, and, in addition, it has at least four members in the Lok Sabha.

It also should have at least 2% of the total Lok Sabha seats and its candidates come from not less than three states. As of now, TMC, BJP, BSP, CPI, Communist Party of India (Marxist), Indian National Congress (INC), NCP and National People’s Party of Meghalaya have national party status.

A Day After EC Notice, Sidhu Keeps up Attack on Modi

The EC had issued a show cause notice to Sidhu on Friday over his remarks against the prime minister.

Indore: Cricketer-turned-politician Navjot Singh Sidhu on Saturday said that Prime Minister Narendra Modi was like that new bride who puts on a pretence, rather than actually working, in her marital household.

The jibe comes a day after the Election Commission issued notice to Sidhu, a minister in the Congress government in Punjab, for making a derogatory statement about PM Modi and in the process violating the model code of conduct.

“Modi is like a new bride who prepares less rotis but clangs her bangles more to show the neighbourhood that she is neck deep in work. I’m asking the PM the umpteenth time to list one achievement of his in his five-year tenure,” Sidhu said.

Showing the latest edition of US news magazine Time, which has Modi on the cover with the caption “Divider in Chief”, Sidhu said that the PM was not just that but also “liar in chief” and “Ambani and Adani’s manager in chief”.

He said that Modi’s campaign was harping on nationalism as it had nothing to show by way of governance.

He also attacked Modi for his statement during a poll rally in Punjab that a “historic mistake” on the part of the then Congress government ensured that Kartarpur Sahib, the final resting place of Sikh religion founder Guru Nanak, was included in Pakistan rather than India.

“What does this statement have to do with the country’s development, GST and the troubles of the poor and farmers?” Sidhu asked.

Sidhu, however, did not comment on Congress leader Sam Pitroda’s “hua to hua” (whatever happened happened) statement on the 1984 Sikh riots.

The Election Commission had on Friday issued a fresh show cause notice to Sidhu.

The poll panel had received a complaint from the BJP that Sidhu, during a rally in Madhya Pradesh on April 29, had reportedly accused the prime minister of “making money in the Rafale jet deal” as also “allowing” the rich to escape the country after “robbing” nationalised banks.

RBI Seeks Time Till November 26 to Respond to CIC’s Show Cause Notice

The Central Information Commission had issued the notice to Urjit Patel as the RBI refused to disclose the list of big loan defaulters in spite of orders from the Supreme Court.

New Delhi: Slapped with a show-cause notice to its Governor Urijit Patel from the Central Information Commission, the Reserve Bank of India has sought time till November 26 from the commission, highest adjudicating body in RTI matters, for furnishing its response.

The case is likely to meet a dead end as Information Commissioner Sridhar Acharyulu will complete his term in the panel on November 20 which will be his last date of working, sources said.

Acharyulu had asked the RBI to furnish response by November 16, but the bankers’ bank has now sought time till November 26, sources said.

The Central Information Commission (CIC) had issued the notice to Urijit Patel as the RBI refused to disclose the list of big loan defaulters in spite of orders of the Supreme Court (Jayantilal Mistry case in 2015) which had asked the RBI to abide by one of the orders of the then Information Commissioner Shailesh Gandhi calling for the disclosure of the loan defaulters under the Right to Information Act.

Acharyulu had said that such defiance of Supreme Court orders cannot be at the level of Central Public Information Officer.

He said the RBI governor should be considered as deemed CPIO under the provisions of the RTI Act for not disclosing the information and explain why he should not face maximum penalty for obstructing information in spite of apex court orders.

Acharyulu overturned earlier position taken by a two-member bench of the commission comprising the then Information Commissioners Manjula Prasher and Sudhir Bhargava both former bureaucrats.

Also read: Can RBI’s Independence From Government Interference Be Politically Justifiable?

They were hearing a case of activist Subhash Agrawal who had also sought the list of defaulters of Rs one crore and above under the RTI Act.

In 2017, they said that matter cannot be decided till Supreme Court gives an order in Prashant Bhushan case filed in 2003 wherein he had sought details of loan defaulters of Rs 500 crore and above.

Ironically, the Bhushan case which is going on in Supreme Court is not about applicability of the RTI in the disclosure of the information as it was filed two years before the RTI Act was enacted.

The Supreme Court order in Jayantilal Mistry case, on which Acharyulu has relied to issue the notice to RBI governor, pertains specifically to disclosure of information of loan defaulters under the RTI Act .

In Mistry case in 2015, a two-member bench of the Supreme Court upheld a CIC order by Shailesh Gandhi directing RBI to disclose the information on loan defaulters and rejected all the contentions of the bankers’ bank against disclosure.

The bench however preferred to go with proceedings in Bhushan case where no final orders have been given.

“I had pleaded very strongly before the CIC bench (Prasher and Bhargava) to consider Mistry case judgement of the SC in 2015 but they thought otherwise to rely on Bhushan case which is pending,” Agrawal said.

He said in the 2017 order they decided to keep matter pending till SC gave its order in Bhushan case in spite of clear directions of apex court in Mistry case in 2015 to disclose the information.

Although the Bhushan case pertained to seeking disclosure of loan defaulters of Rs 500 crore and above, it was not about applicability of RTI on such a list, he said.

Even after three years, the Supreme Court bench which is hearing Prashant Bhushan case has not stayed operation of its two-judge bench order of 2015 in Jayantilal Mistry case.

The RBI has been denying the information citing the clauses of economic interests of the state, the commercial confidence and the information held in fiduciary capacity.

Hearing a petition of applicant Sandeep Singh, Acharyulu rejected the contentions of the RBI.

Also read: The Centre-RBI War Is Escalating Dangerously. Here’s Why We Should Be Worried.

“The commission considers the Governor as a deemed PIO responsible for non-disclosure and defiance of SC orders and CIC orders and directs him to show cause why maximum penalty should not be imposed on him for these reasons, before November 16, 2018,” he had said.

He said great secrecy of vigilance reports and inspection reports was being maintained by the RBI with “impunity” in spite of Supreme Court confirming the orders of CIC in Jayantilal case.

Upholding the orders of the CIC to disclose list of loan defaulters and other issues, the Supreme Court in Mistry case had said RBI was supposed to uphold public interest and not the interest of individual banks.

“RBI is clearly not in any fiduciary relationship with any bank. RBI has no legal duty to maximise the benefit of any public sector or private sector bank, and thus there is no relationship of ‘trust’ between them. RBI has a statutory duty to uphold the interest of the public at large (the depositors) the country’s economy and the banking sector.

“Thus, RBI ought to act with transparency and not hide information that might embarrass individual banks. It is duty bound to comply with the provisions of the RTI Act and disclose the information sought by the respondents, ” it had said.

(PTI)

After Delhi Government’s Show-Cause Notice, Schools Ask Parents to Collect Fee Refunds

The schools are among those identified as having overcharged parents in the name of implementing recommendations of the sixth pay commission.

The schools are among those identified as having overcharged parents in the name of implementing recommendations of the Sixth Pay Commission.

Delhi chief minister Arvind Kejriwal with his deputy and finance minister Manish Sisodia. Credit: PTI

Delhi chief minister Arvind Kejriwal with his deputy and finance minister Manish Sisodia. Credit: PTI

New Delhi: Days after the Delhi government issued a show-cause notice to 449 private schools in the city asking them to roll back unjustified fee hikes, many schools have started issuing public notices in newspapers, requesting parents to collect the refund.

The show-cause notice issued by the Arvind Kejriwal-led AAP government was in line with the Justice Anil Dev Singh committee’s order. The notice had also warned that the government will take over 449 schools if they do not refund the extra fees within two weeks.

According to a report in Outlook, many schools, including Sardar Patel Vidhyalaya in Lodhi Estate, Oxford Public School in Nehru Nagar, Heera Public School in Gurgaon and Smt Misri Devi Gyan Niketan School in Deenpur, have issued the notices in newspapers, asking parents to collect the refund by September 5.

The schools are among those identified by the committee as having overcharged parents in the name of implementing recommendations of the Sixth Pay Commission. The committee, which was formed last year, had scrutinised 1,108 private unaided schools.

Reputed private schools like Delhi Public School, Amity International, Sanskriti School, Modern School and Springdales are also in the list.

Kejriwal claimed that among the schools that have not rolled back the fee hike, one had a surplus of Rs 15 crore while another had Rs 5 crore surpluses, reported Outlook.

Deputy chief minister Manish Sisodia had told India Today that the show-cause notices were served with a deadline to respond within two weeks. He also said the government was keeping a watch on everything and would verify cases where schools had claimed to have returned fees.

The AAP posted pictures of the notices by the some of the schools on its official Twitter handle.

The chief minister had earlier said that he wants to assure private schools that there is no witch hunt. “We understand private schools are an indispensable part of education system,” he was quoted as saying by CNN-News 18.