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Kotkhai Custodial Death: After Zaidi, Ex-SP Shimla DW Negi Gets Bail Too

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Shimla-Ex-Superintendent of Police, Shimla, DW Negi, who is an accused in the custodial death in Kotkhai’s Gudiya case, is also out on bail after Ex IG Zahur H Zaidi. Zaidi was granted bail by the Supreme Court of India on April 5, 2019. He had pleaded to the court that over 19 months have passed since the filling of charge-sheet but nothing was proved in the trial so far.

On April 18, Justice Sureshwar Thakur of Himachal Pradesh High Court, granted bail to DW Negi on the same pretext. He appealed to the court that CBI has recovered nothing from him in relation to the case. Now, the chances are high that remaining seven accused police officials would also get bail using the same argument.

The conditions of his bail included furnishing personal bond in the sum of Rs 3 lakhs and two local sureties. He would have to deposit his passport with the CBI. He will have to co-operate in investigation whenever the agency requires him.

A three-member team of CBI had arrested Negi on November 16, 2016, and was in jail since then. Before Negi, CBI had arrested ex-IG Zaidi and seven others on August 29, 2016.  All seven accused police officials were booked in relation to alleged conspiracy and custodial death of a Nepalese labourer Suraj.

Suraj was among the six initial accused arrested by Zaidi-led Special Investigation Team that was formed to probe alleged gang-rape and gruesome murder of a 16-year-old school going girl in July 2016. Later, when the case was transferred to CBI, the agency found that these six accused were innocent and were framed under a police conspiracy.


CBI had filed a chargesheet against the SIT members, I.G. Zahur H. Zaidi, D.S.P Theog Manoj Joshi, the then SHO Kotkhai Rajender Singh, ASI Deep Chand Sharma, Head Constables Surat Singh, Mohan Lal and Rafiq Ali and constable Ranjit Singh was filed in the special CBI court in November 2017.

The accused were charged under Section 302, 330, 331, 348, 323, 326, 218, 195, 196, 201 and 120 B. The chargsheet contains 600 pages including annexes and statements of about 50 eyewitnesses.

While granting Zaidi a bail, the Apex Court had stated in its order that;

  …Our attention has been drawn to the allegations against the accused-appellant and that he is in custody for the last 19 months. Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time…

…the period of custody suffered and likely time that may be taken for completion of trial, we are of the view that the accused appellant should be released on bail in connection with FIR No.RC SI 2017 S0009 CBI/SC-I/New Delhi, on satisfaction of the appropriate condition(s) as may be imposed by the learned trial court…

The CBI had also pleaded in the court to shift the hearing of the case from H.P High Court to Delhi High Court for expeditious disposal. The Court did not adhere to this request and observed that the same would be considered after hearing all the accused.

Further CBI had also raised doubts that if the police officer was granted bail, he could influence and intimidate witnesses in the case as he was a high-rank police official. To this, the court observed that this cannot be a reason to deny bail at this juncture, and if such incidence comes to light then it is always open for CBI to apply for cancellation of Bail in the competent court.

The reason of delay in trial with a remark that nothing substantial had been done in the case after framing of charge had come to a major blow to the CBI.

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HP JCC Meeting 2021: New Pay Scales for HP Govt Employees, Regularization Period Reduced Two Years

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Shimla: In the meeting of the Joint Coordination Committee (JCC) of the Himachal Pradesh Non-Gazetted Employees Federation, Himachal Pradesh Government on Saturday announced new pay scales for the employees of the State Government with effect from 1 January 2016. The pay of January 2022, would be payable in February 2022 as per revised pay scales.

The HP Government also announced a reduction in the period of contractual employees of the State Government for their regularization from three years to two years.  He said that one-one year would also be reduced for regularization/daily wages conversion in respect of daily wage employees, part-time workers, water guards and water carriers etc.

All the pensioners and family pensioners would also be given revised pension and other pensionary benefits from 1 January 2016. The Dearness Allowance and Dearness Relief would be given on revised pay scales and revised pension/family pension.  These new pay scales and revised pension would put an additional burden of Rs. 6000 crore annually on the State exchequer.

Implementation of New Pension System   (Invalid Pension and Family Pension )  from 15th May 2003 according to Office Memorandum dated 5 May 2009 of Central Government to the employees of the State Government was also announced. This would put an additional burden of about Rs. 250 crore on the State exchequer.

Further, release of additional Rs. 10 crore for clearance of pending medical reimbursement bills was also announced.

The HP Government also announced that a committee would be constituted for appointment on compassionate grounds under the chairmanship of the Chief Secretary. The Committee would give its presentation in the next Cabinet Meeting.  The Government said it would also consider providing a tribal allowance to daily wage and contract employees serving in the tribal areas of the State.

The NPS employees would now have the freedom to choose any Pension Fund for investment for ensuring better returns. Till now, the government said, these employees have to invest in only those Pension Fund selected by the Government. All the NPS employees were being provided Death-cum-Retirement Gratuity benefits and now the Government has decided to provide Gratuity to NPS employees deprived of this benefit from 15th May 2003 to 22nd September 2017.

The State Government said it was spending about 43 per cent of its total budget on employees and pensioners which would increase up to 50 per cent after the implementation of the 6th pay Commission. During the last about four years, the State Government said, it had enhanced the DA of employees and pensioners of the State by 22 per cent and financial benefits of Rs 1320 crore were provided to them. Two instalments of IR of 12 per cent were also provided to them, thereby providing the benefits of Rs 740 crore, the state government said.

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Shimla Police Nabs Escaped Murder Accused from Tara Devi Forest After Two Days

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Shimla Police has nabbed the undertrial accused of murder who had escaped from the custody of policemen on Wednesday. The accused was re-captured from the forests near the Tara Devi temple after a search operation of two days. The teams of police used drone cameras and search dogs in this search operation.

On November 17, 2021, Dadi Ram aka Sagar (37) – a Nepalese who was booked for the rape and murder of his mother-in-law on July 31, 2020, in Theog, Shimla district, and was kept at the Model Central Jail Kanda – had ditched two policemen near Tavi mod (curve) while he was being taken to the court for a hearing. He had jumped down the forest and was at large since then.

CCTV footage from a nearby building had also appeared in which the accused was seen escaping the custody of policemen. The incident had drawn flak for the Shimla Police, and several questions were raised on the working of the police. The people raised various questions; like why a murder accused was not handcuffed? Why the police didn’t use a vehicle to take him to court?

According to the district police, after the accused escaped, teams of police from Boileauganj and other concerned police stations were formed and deployed in re-capturing him. The teams also included jawans from the 6th India Reserve Battalion and Rapid Action Force. Alongwith search operations in Forests around Taradevi and Shoghi, checking of buses and vehicles at barriers and trains was also conducted regularly.

As per the police, on November 19, 2021, the accused was spotted in the forest near Tara Devi through a drone camera. The teams of police cordoned the forest and searched for the accused. Eventually, the teams succeeded in capturing the accused. He has been brought to the Boileauganj police station.  

 

 

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Negligence of HP University in Mark-Sheet Evaluation Allegedly Costs One Year Loss to Student, HC Issues Notice to Varsity on PIL

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Shimla-Himachal Pradesh University is again in the news after a student of Government College, Hamirpur, filed a Public Interest Litigation in the State High Court alleging loss of one year to his career due to negligence of the varsity in evaluating his answer sheet.

It’s pertinent to mention that, varsity administration, especially Vice-Chancellor, Prof. Sikandar Kumar, is already under fire for allegedly tweaking rules to allow admission of his ward and wards of a couple of other officials to PhD by bypassing mandatory entrance exams/NET/JRF.

In the current case, a Division Bench comprising Chief Justice Mohammad Rafiq and Justice Sabina issued notices to the Registrar and the Controller of Examination of  HP University, Shimla.

As per the petitioner, Keshav Singh, he was a student of B.Sc (Maths) in the Government College, Hamirpur, for the session 2017-2020. He appeared in the examination for the 5th semester in November 2019.  In February 2020, he appeared in IIT Jam and scored 40.33 marks out of 100 and became eligible to get admission in M.Sc(PG Course) NIT.

However, in June 2020, the results of the 5th semester were declared and he was given only 5 marks out of 70 in one of the subjects, due to which he could not get admission to the NIT.  He has further said that he had a good academic record and attempted most of the questions in this exam. He applied for rechecking of his paper.  After re-checking, 42 marks were enhanced and he scored 47 marks in that subject. But the re-evaluation result was declared after counselling for the M.Sc. By that time, all the seats were filled up and he couldn’t get an admission.

Though he again cleared the exam for  IIT Jam, 2021, the student alleged that the mental harassment and mental distress he faced was irreparable. He lost one year during the era of this cut-throat competition and thousands of people overtook him, he said. He also alleged that due to negligence of the respondent University, he remained deprived of investing his one year for making his career bright as he could not attend any counselling of IIT/NIT JAM and could not fill up any forms for any competitive exam. For this loss,  the varsity is liable to pay compensation to him, he pleaded.

The petitioner has prayed in the court to direct the respondents to pay him adequate compensation and to adopt a fair and proper manner of checking the answer sheets so that in the future no one faces the same situation as has been faced by him.

The HP High Court directed the respondents (varsity) to file their reply within three weeks and posted the matter for December 8, 2021.

 

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