News Updates”Not Sufficient Compliance Of A. 311(2)”: P & H HC Sets Aside Dismissal Order For Want Of Reasons For Dispensing With Inquiry [Read Order] Mehal Jain8 Sep 2020 7:17 AMShare This – xIn absence of sufficient reasons recorded in writing dispensing with the requirement of holding inquiry in the alleged misconduct of employee by the authority, order of dismissal/removal from service of employee, passed in exercise of the powers under Clause (b) of the 2nd Proviso to Article 311(2) is not sustainable, the Punjab and Haryana High Court has held. Justice Anil Kshetrpal was…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn absence of sufficient reasons recorded in writing dispensing with the requirement of holding inquiry in the alleged misconduct of employee by the authority, order of dismissal/removal from service of employee, passed in exercise of the powers under Clause (b) of the 2nd Proviso to Article 311(2) is not sustainable, the Punjab and Haryana High Court has held. Justice Anil Kshetrpal was hearing a writ petition for quashing of order dated 04.03.2020 passed by the Commando Battalion, Mohali, dismissing the petitioner from service under Clause (b) of the 2nd Proviso to Article 311(2). The Single Judge appreciated the facts of the case: The petitioner, a Constable in the Punjab Police, has two FIRs registered against him. The first is under Sections 376, 417, 506 of the IPC, the allegations being that in the year 2010 i.e. before the petitioner joined service, he had an affair with the first informant (alleged victim). They also made physical relations. It is alleged that after getting job, the petitioner stopped talking to the first informant and when she pressurized, he threatened her that she will be killed or kidnapped or harmed by throwing acid. The petitioner also threatened that he also has their photographs which would be uploaded on Facebook and Whatsapp. Therefore, the first informant kept mum over period of 9 years.Second is a FIR under Sections 379B, 353, 186, 224, 225, 427, 148, 149 of the Indian Penal Code. This FIR has been registered by a Police Official with the allegation that when the police party went to arrest the petitioner, he after having been apprehended; ran away and various villagers named in the FIR scuffled with the members of the police party and snatched Rs.2200/- and Identity Card from the Wallet of the first informant. Another accused also gave a blow to a police official with some sharp edged weapon which hit on his little finger. The villagers also broke the wind screen of the Government Vehicle.On the basis of these allegations, the concerned Commando Battalion had chosen to invoke Clause (b) of the 2nd Proviso to Article 311(2) to remove/dismiss the petitioner from the service while dispensing with the requirement of holding departmental enquiry. “From careful reading of translation of the impugned order, it is apparent that no reason whatsoever has been recorded as to why holding of the inquiry is not reasonably practicable. What has been recorded is “it does not seem justified to conduct departmental inquiry at this stage”. In the considered view of this Court, this is not sufficient compliance of the mandate of Article 311 of the Constitution of India “, said the bench. The bench found that on a careful reading of Clause (b) of 2nd Proviso, it is apparent that the authority empowered to dismiss or remove a person or to reduce him in rank, has to record reasons in writing as to why it is not reasonably practicable to hold such inquiry. Such satisfaction has to be subjective satisfaction of the authority so empowered. “In the present case, careful reading of the impugned order shows that there is total absence of reasons in this regard. Mere observation that the departmental enquiry at this stage does not appear to be justified is not sufficient to invoke powers under Clause (b) of the 2ndProviso to Article 311(2) of the Constitution of India”, opined the bench. The bench noted that there are two FIRs against the petitioner. In the first one, the first informant/alleged victim has lodged the FIR after a period of 10 years. “It is not recorded that she feels terrorized or is refusing to appear in the departmental inquiry”, said the court. Second FIR, being by a police official, the bench said that the allegations made in the FIR are required to be proved by the members of the police party alongwith the independent witness, if any. “In the present case, neither the reasons in writing have been recorded by the authority nor they are born from the record”, concluded the bench. Accordingly, the impugned order was set aside, with the direction that the petitioner shall be entitled to be reinstated in service with consequential benefits. “However, it shall be open to the respondent to initiate departmental inquiry in the alleged misconduct, if any, of the petitioner”, allowed the bench.Click Here To Download Order[Read Order]Next Story
Education is a crucial to Rufus Reid. The composer, bassist, and longtime teacher, who is the 2016 Harvard University Jazz Master in Residence, sponsored by the Office for the Arts at Harvard (OFA) and Harvard Jazz Bands, knows it from personal experience.“Most people don’t like things they don’t know,” says Reid, a two-time Grammy nominee. Reid himself — who studied with bassists from the Chicago Symphony — used to say he didn’t like classical music. “I was ignorant about it,” he says now. “I didn’t understand it.”Reid, who helped create the Jazz Studies and Performance Program at William Paterson University, sees that same challenge with jazz. “A lot of people say they don’t like jazz, but they’ve never really heard it. Once they learn a little bit, they say, ‘Wow, that’s great.’”Now retired from full-time teaching, the 72-year-old musician is spending a week at Harvard, leading the Harvard Jazz Bands and the Wind Ensemble in master classes. In addition, the public is invited to participate in two events with Reid: a conversation with Ingrid Monson, Quincy Jones Professor of African-American Music, on Wednesday at 4 p.m. in Holden Chapel, and a tribute concert on Saturday at 8 p.m., during which he will join the Harvard Jazz Bands (Yosvany Terry and Mark Olson, conductors) in “The Eloquent One: Celebrating Rufus Reid” at Sanders Theatre. The concert will feature several of Reid’s compositions, including the title number and two pieces from “Quiet Pride: The Elizabeth Catlett Project,” an homage to the African-American sculptor.“Ultimately, we as composers are trying to find ways to surprise the listener,” says Reid, who garnered his two 2015 Grammy nominations for “Quiet Pride.” “To surprise them — and still keep them.”Reid’s life has been a journey of discovery. Although he began playing trumpet in junior high school in Sacramento, Calif., Reid found himself drawn to the bass early on. As a member of his school band, Reid recalls, “Every time we took a break, people would go out and play ball or whatever, and I would want to go touch the bass.” While the trumpet earned him a berth in the U.S. Air Force band, he used his free time to pick up the stringed instrument.“It came to me: I could do less of it initially than the trumpet, but I would have more satisfaction and more desire,” he says. “When I got out of the military, I sold my trumpet and bought a bass.” He also began studying it seriously, earning a bachelor of music degree as a performance major on the double bass from Northwestern.The bass, he explains, “is the core or the foundation of any ensemble, whether it be a symphony orchestra or a Latin group. It grounds the ensemble. I tell my students, we have the unique ability to sabotage any band we play in. It’s a lot of power but also a great responsibility.”Since then, Reid has played bass with a panoply of jazz greats, including Dexter Gordon, Lee Konitz, Art Farmer, and Stan Getz. He credits his first boss, bandleader Eddie Harris, with teaching him how to be a professional musician, understanding the importance of everything from recording to contracts.“Being a professional is a marriage of things you have to be quite aware of in order to be successful,” he says. From Harris, he says, he learned more than “to play good.” Among other lessons, Reid credits Harris with spurring him to write his 1974 book “The Evolving Bassist,” which is now an industry standard and in 2003 was complemented by a DVD.As a teacher himself, says Reid, he hopes to impart a sense of the “collaboration and compromise” necessary to ensemble playing. “Working together, listening to one another, creates something better than any one person can come up with by themselves,” he says. “And that in itself is what I really feel jazz is, in terms of what we do when it’s done the best — it’s happening at the moment.”Beyond that, he hopes to convey a sense of “sustained passion.”“I have as much passion, if not more, than I did when I was their age,” he says of his students. Many undergraduates at Harvard, he understands, may focus on other disciplines, such as math or the sciences. What matters is the commitment. “I want them to continue that passion,” he says, “whatever it happens to be.”
“Due to its extremely low content ratio in the air, it’s quite difficult to collect CO2 effectively from the air, but the condition to gather CO2 efficiently is already arranged there at Gundih,” said a J-Power public relations official.”So we can say the site is suitable for CCS projects,” the official said, citing the acronym for carbon capture and storage.Japan will continue to support similar emissions reduction efforts in other Asian countries, whose dependency on fossil fuel thermal power generation is relatively high, a METI official said.The project will “provide an opportunity for domestic companies to promote their high-level technology” for reducing the CO2 emissions, the official said.The result of another demonstration held on Japan’s northernmost main island of Hokkaido since 2012 until last year has showed that burying CO2 costs about 6,000 yen ($57) to 7,000 yen per ton, according to the official.The Japanese government expects the CCS project to be commercialized in 2030 at the earliest, but the viability as a business depends on whether the benefit obtained by trading of greenhouse gas emission credits would offset the cost, the official said.According to the International Energy Agency, the percentage of coal-fired electricity generation, which is considered to exhaust a larger amount of CO2 per power generation than any other energy source, is relatively high in Asian countries.The latest IEA data showed that thermal power generation using coal comprised about 70 percent of all electricity in 2018 in China and India, over half in Indonesia, and more than 40 percent in Malaysia and the Philippines, compared with the world’s average of around 38 percent.The IEA has said in a report that 14 percent of cumulative emission reductions from 2014 must be derived from CCS as of 2060 to achieve the 2-degree temperature cap targeted in the 2015 Paris climate agreement.A signatory to the Paris accord, Japan has continued to target a 26 percent reduction in greenhouse gas emissions by fiscal 2030 from fiscal 2013 levels amid international criticism it is not doing enough to fight global warming.Indonesia has set reduction goals of at least 29 percent from the business-as-usual level.Topics : It will be the first such demonstration project assumed to be subject to the government’s CO2 emission trading scheme, they added.A gas pipeline with the length of about 4 kilometers will be laid between the gas field and the carbon dioxide storage site, where the project operators will dig a hole to a depth of around 3.6 kilometers to reach underground aquifers.Costs are expected to reach several billion yen in total.About 300,000 tons of CO2 are generated in the process of gas purification at the Gundih field and diffused into the air each year, according to J-Power. Two Japanese firms will carry out a demonstration project to store carbon dioxide deep in the ground starting next year in Indonesia as part of efforts to reduce greenhouse gas emissions.Electric Power Development, known as J-Power, and consulting company Japan NUS are set to begin the four-year plan at Gundih gas field in Central Java Province with the cooperation of the Indonesian government and state-owned oil company PT Pertamina, according to a recent announcement by the Tokyo-based firms.The Ministry of Economy, Trade and Industry in May picked the two firms’ business proposal as an infrastructure research project aiming to be applied to the so-called Joint Crediting Mechanism, which regards Japan’s contribution to greenhouse gas emission cuts by a foreign country as its own emission reductions, they said.
GREG DIXON/Herald photoAfter breezing through its non-conference schedule, the UW men’s soccer team starts its Big Ten season against one of the conference’s best teams in Indiana. The game, scheduled for 2 p.m. Sunday, is the first big test for Wisconsin.Indiana, currently ranked 14th nationally in the NSCAA/Adidas poll, will also be playing in its first Big Ten game. Although Indiana will be one of Wisconsin’s main threats for the conference title, Wisconsin has extra motivation to beat the Hoosiers. Since 1995, the Hoosiers have not lost to the Badgers. In fact, before last year’s 0-0 tie, Indiana had actually beaten Wisconsin 14 consecutive times.Although this year’s team has never tasted any success against Indiana, the defeats have only made the Badgers more motivated.“I love playing against Indiana; they’re a very competitive team,” senior forward Victor Diaz said. “You learn from that, and it’s a great feeling to play against a team that is going to be there and going to be competitive.”Early in the season, Wisconsin appeared to be in top form, going undefeated in the first five games of the season, including a shutout of Santa Clara. Although Sunday’s 1-0 loss to Binghamton broke the unbeaten streak, the team still appears to be heading in a positive direction.“I think we’ve been doing pretty well,” Diaz said. “This is the best start we’ve had so far since I’ve been here, so it’s a good sign to head into the Big Ten.”The loss to the Bearcats in the UW-Milwaukee Panther Classic temporarily dropped Wisconsin out of the national polls from its 21st ranking. Despite not getting the national attention Indiana has this season, the Badgers feel they are up to par with the Hoosiers.“Rankings don’t really mean anything to me because it’s just a number,” senior defenseman Andy Miller said. “Any team can be beaten that day.”Miller’s approach is especially fitting in light of Indiana’s early season loss. Despite being ranked third in the national polls after their first game, the Hoosiers suffered a humiliating 4-0 loss to an unranked Dartmouth team.“We just treat this like any other match,” Diaz said. “We know Indiana is a very good team, but I think we have a chance to beat them.”To beat the Hoosiers on the road, Wisconsin is going to have to play even better than it did during its successful early season stretch. Indiana’s Chay Cain has recorded three shutouts in the first six games of the season en route to giving the Hoosiers the second best goals against average in the Big Ten. The key to the match, according to head coach Jeff Rohrman, is to be aggressive.“I think there’s some things we can do that can give them some problems in terms of our ability to get forward transition,” Rohrman said. “Indiana’s a team that likes to play in the midfield so we have to present that as a challenge and try to win things through our good defending and then be good in transition as far as getting out of that.”Although the Badgers have been unable to defeat the Hoosiers recently, last year’s 0-0 tie only serves as a reminder that the teams are starting to even up.“I thought last year we played them well here,” Rohrman said. “I thought that game could have gone well either way.”In addition to being a rivalry game, the match will also serve as a strong indicator of how these teams will do in Big Ten play.With the teams more evenly matched this year, the difference maker could very well come in a single play.“It’s going to come down to one or two moments in the game when we just have to be prepared to take advantage of our opportunities,” Rohrman said. Whenever that moment may come, expect the Badgers to be prepared to take advantage of it.“We know we got to come out real hard,” Miller said. “Nobody’s going to be not ready to play.”
After losing two of three games to Arizona last weekend, the USC baseball team has now lost three consecutive series and four of its last five series overall.But unlike those other series losses, they didn’t get swept thsi time around.Slump city · Senior catcher Kevin Roundtree hit a homerun against Arizona on Sunday. But it was not enough to help the Trojans win. – Corey Marquetti | Summer TrojanHaving not won a game in the month of May, the Trojans (23-27, 8-19) entered a three-game home stand against No. 14 Arizona on an eight-game losing skid: three against Washington, three against No. 5 Oregon, and singular midweek losses at No. 20 Cal State Fullerton and at Washington State.That eight-game slide extended to nine with an 11-1 throttling at the hands of the Wildcats Friday night at Dedeaux Field.But on Saturday the Trojans hit their stride with an 8-4 victory over the Wildcats (36-16, 18-9).Making his second-to-last start as a Trojan and his last at Dedeaux Field, senior Andrew Triggs made it count. The four-year fixture in the Trojans’ rotation went seven strong innings, allowing just three runs on nine hits.But down 3-2 in the sixth inning, the Trojans were in danger of squandering yet another quality outing from their pitching ace as they have done numerous times this season.The Trojans were being no-hit into the sixth, but responded with seven knocks in the sixth, including five in a row at one point to vault to an 8-3 lead.Arizona did get one back in the ninth, but it was no matter as the Trojans coasted to an 8-4 win.After regaining some momentum Saturday, the Trojans hoped to steal the series from the Wildcats on Sunday’s senior day.Eleven seniors were honored in what was the Trojans last conference home game of the season.USC took an early 1-0 lead on senior catcher Kevin Roundtree’s leadoff homer in the bottom of the first inning.But Roundtree allowed the Wildcats to tie the game on a passed ball in the top of the second, the first of the Trojan errors on the day.After giving up back-to-back singles to lead off the second, freshman pitcher Stephen Tarpley committed a throwing error — the second Trojan error of the day — on a sacrifice bunt attempt to load the bases with no outs.Following a strikeout, Tarpley walked in the go-ahead run and gave up a two-RBI single to give the Wildcats a commanding 4-1 lead.Freshman second baseman Andres Rodriguez proceeded to boot a grounder to give another score to the Wildcats. He had not committed any errors up to that point this season.Tarpley rebounded, going six strong innings with just two earned runs (but five in total).For the first time in nine games, the Trojans outhit their opponent (9-8 on Sunday), but could not parlay those baserunners into runs, with Roundtree’s homer serving as the lone run in a 6-1 defeat at the hands of Arizona.The Trojans play their final home game of the season tonight at 6 p.m. when they host UC Riverside at Dedeaux Field, and they wrap up their season with three games against crosstown-rival No. 3 UCLA in Westwood over the weekend.
Related Stories 2016 NCAA Tournament: Dayton beat writer breaks down what Syracuse fans should watch forSyracuse basketball opponent preview: What to know about No. 7 seed DaytonFormer SU Provost Eric Spina: ‘I have a new love and that’s Dayton’2016 NCAA Tournament: Beat writers hand out superlatives2016 NCAA Tournament: Beat writers fill out their own brackets Facebook Twitter Google+ Comments Published on March 16, 2016 at 2:52 pm Contact Chris: [email protected] | @ChrisLibonati Do you remember the last time Syracuse played an NCAA Tournament game in St. Louis?I sure hope not. Syracuse has never played an NCAA Tournament game in St. Louis.Do you remember the last time Syracuse was named a No. 10 seed in the NCAA Tournament?Second verse, same as the first. SU’s never been a No. 10 seed or a double-digit seeded team, for that matter. There’s a first time for everything.Do you remember the last time Syracuse played in the Midwest region?Syracuse last played in the Midwest region back in 2001. The fifth-seeded Orange beat 12th seeded Hawaii, 79-69, but were drubbed in the Round of 32 by fourth-seeded Kansas. Check out all of SU’s results from when it has played in the Midwest since the NCAA Tournament expanded to 64 teams in 1985:2001 (San Antonio, Texas)First Round — No. 5 SU beats No. 12 Hawaii, 79-69Second Round — No. 4 Kansas beats No. 5 SU, 87-582000 (Auburn Hills, Michigan)First Round — No. 4 SU beats No. 13 Samford, 79-65Second Round — No. 4 SU beats No. 5 Kentucky, 52-50Sweet 16 — No. 1 Michigan State beats No. 4 SU, 75-581995 (Kansas City, Missouri)First Round — No. 7 SU beats No. 10 Southern Illinois, 96-92Second Round — No. 2 Arkansas beats No. 7 SU, 96-941989 (Minneapolis, Minnesota)First Round — No. 2 SU beats No. 15 Bucknell, 104-81Second Round — No. 2 SU beats No. 10 Colorado State, 65-50Sweet 16 — No. 2 SU beats No. 3 Missouri, 83-80Elite 8 — No. 1 Illinois beats No. 2 SU, 89-86Do you remember the last time Jim Boeheim and Tom Izzo were placed in the same region?That would be 2005, also the same year T.J. Sorrentine went Steph Curry on the Orange and splashed a 3 “from the parking lot,” in the words of Gus Johnson, to sink the dagger in Syracuse’s NCAA Tournament appearance. Boeheim and Izzo never got a chance to face off and Michigan State rolled all the way to the Final Four, where the Spartans lost to North Carolina.Do you remember the last time Syracuse was placed in the same bracket with a No. 1 seed from its conference?You’d have to go back to 1985, the first time the tournament expanded to 64 teams. Syracuse was the No. 7 seed in the East bracket while Georgetown was tabbed as the No. 1 seed. The Orange beat future Big East foe DePaul in the first round of that tournament, but No. 2 seed Georgia Tech beat SU, 70-53. With Syracuse (19-13, 9-9 Atlantic Coast) set to face Dayton (25-7, 14-4 Atlantic 10) on Friday at 12:15 p.m., check out whether you remember some of Syracuse’s NCAA Tournament history. Do you remember the last time Syracuse played in the 7-10 matchup?Both times Syracuse has played in a game between the No. 7 and No. 10 seeds, it was the No. 7 seed. In 1995, Syracuse beat 10th-seeded Southern Illinois, 96-92. That season, Lawrence Moten scored 19.6 points per game and John Wallace scored 16.8. Wallace led the team with 8.2 rebounds per game. That team went 20-10 overall and finished 12-6 in Big East play.The Orange went on to lose in overtime to No. 2 seed Arkansas, 96-94, in the next round. SU played those games in Austin, Texas and were in the Midwest region, which was hosted by Kansas City, Missouri. Arkansas went to the NCAA championship game, which it lost 89-78 to UCLA.Do you remember the last time Syracuse played a No. 7 seed?AdvertisementThis is placeholder textFive years before Syracuse played No. 10 seed Southern Illinois in 1995, the Orange faced No. 7 seed Virginia in the second round of the NCAA Tournament. Then the No. 2 seed in the Southeast regional, SU crushed 15th-seeded Coppin State, then slipped past UVA, 63-61, in the next round.That team also used a seven-man rotation and only five SU players scored against Virginia. Syracuse’s Derrick Coleman and Billy Owens combined for 35 points and 18 rebounds. Virginia’s Bryant Stith scored 30 points against the Orange. Syracuse lost in the next round to sixth-seeded Minnesota.SU is 1-1 against No. 7 seeds, having lost to Navy in the 1986 NCAA Tournament, when the Orange was pegged as a No. 2 seed.MORE COVERAGE:Dougherty: 1 of Syracuse’s defining characteristics will no longer be enoughSyracuse basketball roundtable: Dayton rematch, what SU needs to do to win and Trevor Cooney’s legacyBeat writers predict mixed outcomes for Syracuse’s NCAA Tournament matchup with Dayton 2016 NCAA Tournament: Play The Daily Orange’s bracket challenge
Atletico’s Antoine Griezmann,Madrid, Spain | AFP | Atletico Madrid reported Barcelona to football’s governing body FIFA over illegal contact made to star forward Antoine Griezmann, Atletico club sources confirmed on Tuesday.“The complaint has been presented for repeated contact between Barcelona, the player and his team,” an Atletico source told AFP.Griezmann renewed his contract until 2022 in June and Atletico consider contact made by Barcelona not only breaks FIFA’s rules, but could also affect the integrity of La Liga.Barcelona lead the league with Atletico their closest challengers six points behind in second.“He is a player under a long contract and this can’t happen. Moreover, the club considers that it could affect the competition where Barca are currently top and Atletico second,” added the Atletico source.Barca were slapped with a one-year transfer ban for the illegal recruitment of foreign minors by FIFA that was served in 2015.Should the Catalan giants be found guilty, they could be handed another ban on registering new players.“We can confirm that we have received a complaint from Atletico de Madrid concerning the said matter,” a FIFA spokesperson told AFP.Barcelona-based sports daily Mundo Deportivo reported on Sunday that Barca’s president Josep Maria Bartomeu had recently met with Griezmann’s family.The Catalan giants are expected to be willing to pay the French international’s 100 million euro ($117.8 million) buyout clause at the end of the season to avoid negotiating with Atletico.Barca’s director of institutional relations Guillermo Amor turned down the opportunity to deny a meeting had taken place later on Sunday after Barca’s 4-0 thrashing of Deportivo la Coruna. “If the paper says it then it is possible it is like that,” Amor told Movistar TV. “There could have been a coming together.”Griezmann, 26, agreed to sign a new contract with Atletico in June after the club had an appeal against a transfer ban rejected.Top scorer at Euro 2016, Griezmann said it would have been “dirty” to walk out on the club when they couldn’t replace him until January.However, Atletico coach Diego Simeone accepted last week that Griezmann’s departure at some point in the future is inevitable.“Of course Griezmann will be able to leave at some point, as Diego Costa, Diego Ribas and Arda Turan have gone,” Simeone told French sports daily L’Equipe.“If a player comes to me and says, ‘coach, I have a chance of a lifetime and want to leave’, and if he’s left everything on the pitch for me like Griezmann, I’ll say, ‘no problem’.”Griezmann has scored 90 goals in 179 games for Atletico since joining from Real Sociedad in 2014 and led Los Rojiblancos to the 2016 Champions League final, scoring twice to eliminated Barca in the quarter-finals.However, he was also caught up in a Twitter storm on Sunday after posting a picture of himself blacked up and mimicking a Harlem Globetrotter basketball player from the 1980s.“I recognise that it was clumsy of me. If I have offended people, I apologise,” he wrote shortly after and deleted the photo after receiving a wave of criticism.Share on: WhatsApp