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Tag: Delhi High Court

अश्विनी कुमार उपाध्याय ने प्रतिबन्धित मुद्रा के बदलने की प्रक्रिया के खिलाफ याचिका दायर की

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(नयी दिल्ली) वरिष्ठ वकील अश्विनी कुमार उपाध्याय ने प्रतिबन्धित मुद्रा के बदलने की प्रक्रिया के खिलाफ याचिका दायर की,दिल्ली उच्च न्यायालय मंगलवार को मांग पर्ची और पहचान प्रमाण के बिना 2,000 रुपये के नोटों को बदलने की अनुमति के खिलाफ इस् जनहित याचिका पर सुनवाई करेगा।उपाध्याय ने आज ही तत्काल सुनवाई के लिए मुख्य न्यायाधीश सतीश चंद्र शर्मा और न्यायमूर्ति सुब्रमणियम प्रसाद की पीठ के समक्ष मामले का उल्लेख किया। अदालत ने, हालांकि, अनुरोध को अस्वीकार कर दिया

CGHS Gets Judicial Protection on its New Modification

(New Delhi)#CGHS Gets Judicial Protection on its New Modification
The Delhi High Court on Tuesday declined to interfere with the modified Central Government Health Services (CGHS) scheme, saying it is for the Centre to decide how to give health benefits and supply medicines to its serving and retired employees.
A bench of Chief Justice D N Patel and Justice C Hari Shankar said prima facie the modified policy creates no hurdles in supply of medicines to the central government employees and also curbs misuse of the scheme as was being allegedly done in the past.
Under the earlier scheme, if medicines prescribed by a doctor were not available at a wellness centre or dispensary, an authorisation slip was issued to the patient for procuring the medicine from a local chemist, patients used to use the authorisation slip for buying toothbrushes, toothpastes, Horlicks and cosmetics from the chemist shop.Under the new scheme, it said, if medicine was not available at the dispensary, the local empanelled chemist supplies it to the wellness centre which in turn provides it to the patient.

HC Hammers Kejri’s Govt for Vacancies in Tpt Deptt Since 2008

[New Delhi]High Court Hammers Kejri’s Govt for Vacancies in Tpt Deptt
As per Delhi government’s affidavit of the 807 posts 626 are vacant.
The Delhi High Court has pulled up the AAP government for the lack of recruitment in its transport department since 2008, saying nothing has been done to fill up vacant posts.
A bench of Chief Justice Rajendra Menon and Justice V K Rao said the Delhi government did not appear to have taken any steps to fill up the vacant posts.
It asked the government how many recruitment requisitions it has issued since 2008 to fill up the vacancies in the transport department’s enforcement wing, which was also created that year.
The court made the services department of the government and the Delhi Subordinate Services Selection Board a party in the matter and sought their response about action taken to fill up the vacancies.

AAP’s 4 More Disqualified MLAs Knocks HC’s Doors

[New Delhi]4 More AAP MLAs Knocks Door Of HC Against Their Disqualification
Four more AAP MLAs today moved the Delhi High Court against their disqualification as Delhi Assembly legislators for holding offices of profit.
Their pleas came up for hearing before a bench of Justices Sanjiv Khanna and Chander Shekhar which issued notice to the Election Commission (EC) seeking its response on the MLAs’ petitions.
The bench said the pleas of Naresh Yadav, Adarsh Shastri, Sanjeev Jha and Rajesh Gupta would be now heard along with the other eight AAP MLAs, which is scheduled for hearing today itself.
The EC in its response filed last week told the high court that the pleas were not maintainable and were liable to be dismissed.
It said the AAP MLAs have challenged the EC’s recommendation, which is non-existent once President Ram Nath Kovind has taken a decision on it.
The eight MLAs, in their response to the EC affidavit, said the poll panel was acting like a private litigant and not behaving as a quasi-judicial authority.
Initially, the petitions were filed by eight AAP MLAs — Alka Lamba, Kailash Gahlot, Sharad Kumar, Madan Lal, Sarita Singh, Rajesh Rishi, Som Dutt and Nitin Tyagi.
The high court had on January 24 refused to stay the Centre’s notification disqualifying the MLAs but restrained the EC from taking any “precipitate measures” such as announcing dates for by-polls.
On January 30, the court extended till today the interim order restraining the EC from issuing any notification announcing by-elections to fill the vacancies of the 20 assembly seats whose legislators had been disqualified.
The high court had on January 29 transferred the appeal of AAP MLAs against their disqualifications by the president on the recommendations of the EC to the division bench.
The EC had recommended the disqualifications of 20 AAP MLAs on January 19. The president approved their disqualifications.
The 20 disqualified MLAs include Adarsh Shastri (Dwarka), Alka Lamba (Chandni Chowk), Anil Bajpai (Gandhi Nagar), Avtar Singh (Kalkaji), Kailash Gahlot (Najafgarh) — who is also a minister — Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura).
The others are Rajesh Gupta (Wazirpur), Rajesh Rishi (Janakpuri), Sanjeev Jha (Burari), Sarita Singh (Rohtas Nagar), Som Dutt (Sadar Bazar), Sharad Kumar (Narela), Shiv Charan Goel (Moti Nagar), Sukhbir Singh (Mundka), Vijendar Garg (Rajinder Nagar) and Jarnail Singh (Tilak Nagar).

Delhi HC Gets 5 New Judges Raising To 39 But Still 21 Short

[New Delhi]Delhi HC Gets 5 New Judges Raising To 39 But Still 21 Short
Around 62,000 cases are pending in the Delhi High Court which turned 50 on October 31 this year.
The Delhi High Court has got five more judges who were today administered oath of office as additional judges.
With this, the total strength of judges in the high court has gone up to 39.
However, the sanctioned strength of judges in the high court here is 60.
The five new judges —
Anil Kumar Chawla,
Vinod Goel,
Chander Shekhar,
Anu Malhotra and
Yogesh Khanna —
were administered oath of office by Chief Justice G Rohini.
Vinod Goel was the Registrar General and Chandra Shekhar the Registrar (Vigilance) of the high court.
The other three were officers of Delhi Higher Judicial Services and posted as judges in the subordinate judiciary.
On October 28, an apex court bench headed by Chief Justice T S Thakur had pulled up the government saying it cannot bring the judiciary to a “grinding halt” by not appointing high court judges despite the recommendations of its collegium long ago.

HC,Modifying Own Verdict,Says”No”For Street Vendors In Non Hawking Zones

[New Delhi]High Court,Modifying Own Verdict,Says”No”For Street Vendors In Non Hawking Zones
Delhi High Court Said Vendors can’t sell items in non-hawking zones
Delhi High Court today said that street vendors cannot sell their wares in areas which were identified as non-hawking zones under the earlier schemes on street vending.
The court modified its September 9 order that said no street vendor should be evicted from city roads without following due process of law.
A bench of
Chief Justice G Rohini and
Justice Sangita Dhingra Sehgal
said it was modifying its September 9 order as the aspect of non-squatting zones were not inconsistent with the 2014 Protection of Livelihood and Regulation of Street Vending Act which prohibits vending activities in non-vending areas.
The court noted that though the Act came into force on May 1, 2014, “there were several lapses in proper implementation of its provisions and consequently, no vending zones have not yet been declared”.
“Having regard to the fact that declaration of non-squatting zones or non-vending zones is not inconsistent with provisions of the Act of 2014, which expressly prohibits carrying out vending activities by street vendors in non-vending zones,..
The observation came while denying NDMC’s plea that it be allowed to go ahead with its survey of street vendors as provided under the Act.
“Unless we can decide if there can be more than one scheme, we do not want to decide NDMC plea,” the bench said.

Delhi HC Judges Shuffled

[New Delhi] Delhi HC Judges Shuffled
Two judges of the Delhi High Court —
[1]Justice Suresh Kumar Kait and
[2]Justice Rajiv Shakder —
were today transferred to the High Courts of Andhra Pradesh-Telangana and Madras respectively.
A Law Ministry statement said here that Justice Kait has been transferred to the High Court of Telangana and Andhra Pradesh and directed to assume charge of his office on or before April 15.
Similarly, Justice Shakdher has been posted to the Madras High Court and directed to assume charge on or before April 15.
The statement also said Justice Kaushal Jayendra Thaker, Additional Judge of the Gujarat High Court has been transferred as an Additional Judge of the Allahabad High Court.

Delhi High Court,Today,Hammered Stay On”AAP”Govt’s Mgmt Quota Decision

[New Delhi]Delhi High Court,Today,Hammered Stay On”AAP”Govt’s MGMT Quota Decision
HC stayed Delhi govt decision to scrap mgmt quota .
Delhi High Court today stayed AAP government’s order scrapping management quota in nursery admissions in private unaided schools, saying the decision was taken without the authority of law.
It also stayed the Delhi government’s January 6 order with regard to 11 other admission criteria, including issues like proven track record of parents during admission of their children, music and sports, that were also scrapped.
Justice Manmohan in his interim order said that the government’s January 6 decision was also in contravention of the Lieutenant Governor’s 2007 order on nursery admissions in private unaided schools.
He said the autonomy of private unaided schools with regard to nursery admissions cannot be restricted by an office order and has to be done under the law.
The court, however, added that if there were any malpractices with regard to nursery admission criteria in private unaided schools, then they should be investigated and taken to their logical conclusion.
The court clarified that the observations made and the view taken by it are only “prima facie” and not final.
The Delhi government by its January 6 order had scrapped 62 “arbitrary and discriminatory” criteria listed by schools on their websites for admissions, but retained the 25 per cent quota for Economically Weaker Sections (EWS).
The High Court was hearing pleas filed by Action Committee Unaided Recognised Private Schools and Forum for Promotion of Quality Education For All, seeking quashing of AAP government’s decision to scrap management and all other quotas, except for EWS in Delhi’s private unaided schools for nursery admissions.
They had claimed that the order was “without jurisdiction and contrary to and violative of various judgments passed by the Supreme Court as well as by various benches of the High Court, relating to the autonomy of private unaided schools to regulate their admissions”.
In an earlier hearing, Deputy Chief Minister Manish Sisodia had defended his government’s decision to scrap the quota criteria, alleging that private unaided schools in the national capital had become a “hub of corruption” as they were running “admission rackets” under the garb of management quota.

DDA’s Dumped Construction Material Causing Air Pollution In capital,Remove:HC

[New Delhi] DDA’s Dumped Construction Material Causing Air Pollution In capital,Remove:HC
High Court today Directed DDA To Remove rubble immediately from its land
Delhi High Court today directed DDA to ensure “immediate removal” of construction material dumped on the authority’s vacant lands in Dwarka, saying this was a major cause of air pollution in the national capital.
A bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva also directed Delhi Development Authority (DDA) to ensure that people do not dump rubble or ‘malba’ on its lands at night and suggested putting in place guards or CCTV cameras to curb such practice and identify the guilty.
The court also noted that there was some improvement in the work done by South Delhi municipal corporation (SDMC) to keep the surroundings of ‘dhalaos’ (garbage dumps) clean as well as in clearing of rubbish, but said the steps taken were not “fully satisfactory”.
SDMC assured the court that it would work harder to ensure cleanliness in Dwarka sub-city and that disciplinary action would be taken against non performers.
The court also suggested to SDMC to clean the dhalaos thrice a day if they were only doing it twice a day, to which the corporation said it lacks the manpower to do so, especially now when most of its workers were on strike.
The bench, thereafter, listed the matter for further hearing on February 24.
The court was hearing a PIL filed by law students Ebbani Aggarwal and Gaurav, both Dwarka residents, on the issue of lack of cleanliness in the sub-city.
During the brief hearing, DDA told the court that the construction material was being dumped unauthorisedly and surreptitiously by local residents at night. It said it was removing the rubble as and when it came across such dumping.
SDMC said it had detected construction material at 33 DDA sites in Dwarka and informed the DDA’s chief engineer.

Restrict Your Odd-Even Pilot Project And Prove Its Worthiness :HC

[New Delhi] Restrict Your Odd-Even Scheme To a Week Till You Prove Its Worthiness :HC
Delhi High Court today asked the Aam Aadmi Party (AAP) government to explain whether it is not enough to continue their odd-even vehicles scheme, slated for a fortnight till January 15, for one week.
A bench of Chief Justice G Rohini and Justice Jayant Nath also said the Delhi government will have to admit that they do not have sufficient public transport to ferry people which was causing inconvenience to a large section of society.
“Aren’t these six days enough for you? We have permitted the government to run this scheme for one week during which they must have collected data relating to pollution levels in the city,”
The court, however, fixed the matter for January 8 by when it has asked the government to get instructions on whether its pilot project can be reduced to a week instead of 15 days.
It also asked the government to provide data related to changes in the pollution level between January 1 and 7.
“In these six days you must have collected data related to pollution level, we think it’s sufficient for you. You will have to think about inconvenience cause to public at large,” the bench said, adding, “there is a practical difficulty.”
It also said that the court does not interfere with the policies but government must think about it as people are knocking its door complaining of inconvenience being caused.
“You (government) have to think about it. Your status report is vague and does not reveal much,” the bench said, adding, “There is no sufficient public transport. Is it really necessary to have it for 15 days?”
The court also wished to know from the government how many cabs are plying on diesel and CNG in the capital and what level of pollution were they emitting.
The court’s direction came on a batch of petitions filed by various individuals including lawyers who have challenged AAP goverment’s December 28, 2015 notification bringing into force the scheme which allows private cars with odd-numbered plates to ply on odd-numbered dates and vice-versa.
While seeking quashing of the notification, a plea filed by Delhi High Court Bar Association President Rajiv Khosla sought explanation from Delhi government on what jurisdiction it has to fix a fine of Rs 2,000 without amendment in the Motor Vehicles Act.
Opposing the move from various sections of the society, senior standing counsel Rahul Mehra, appearing for Delhi government, said “the scheme is only for 15 days and the State is equally pained by the inconvenience being caused to public