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
(Image: Franklin County Government)The Franklin County Observer is reporting that Franklin County Commissioners have signed a 3-year contract with emergency medical services (EMS) for $150,000 per year.EMS had requested an increase in funding from $100,000 to $150,000 due to the higher volume in calls for service. The original request was rejected, prompting EMS officials to threaten cutting off emergency services for the county in 2014.According to the online newspaper, Commissioner Scott McDonough requested a 3-month deal, however, was convinced by Commissioners Tom Linkel and Tom Wilson to sign the 3-year contract.The contract was signed Wednesday morning and will guarantee emergency services in Franklin County for the next three years.Read more in the next edition of the Franklin County Observer.
QPR will assess Adel Taarabt’s minor hamstring problem in training early next week.Rangers expected the Moroccan to be passed fit for last weekend’s defeat at Bolton but he was not able to take his place in the squad.He is hoping to return for the home game against Liverpool on Wednesday, when Mark Hughes’ side will be looking for their first win in eight games.AdChoices广告DJ Campbell has been struggling with a more serious hamstring injury but appears to be making some progress.Fellow forward Heidar Helguson hopes to return to contention soon following a spell out with a groin problem.Follow West London Sport on TwitterFind us on Facebook
GAMING1 uses AI to combat problem gambling August 4, 2020 Share KSA report reveals age verification failings June 29, 2020 Submit Share BonusFinder research finds 94% of UK gamblers aware of RG tools June 22, 2020 StumbleUpon Related Articles The Netherlands gambling regulator, Kansspelautoriteit (KSA), will appoint an operator for its problem gambling helpline after launching its tender process.The service will offer gamblers access to treatment, advice and support via a website, chat service, email and telephone 24 hours a day, seven days a week.Under the Netherlands’ Remote Gaming Act, the KSA was tasked with running the service, however its development has been outsourced.The problem gambling helpline will be directly sponsored by the KSA funding body with funds secured from the Gaming Act social responsibility levy.The helpline, according to the KSA, must be operational from 1 April,l ahead of when punters will be permitted to gamble in the Netherlands.During an initial consultation conducted in February, seven providers submitted applications to help with the development of the helpline. However, interested parties have until September to apply.The regulated Dutch betting market is due to open up on 1 July 2021, which is six months later than its original date of 1 January. It has been suggested that due to the ongoing disruption caused by the global pandemic, this date could be pushed back further, however, this is yet to be confirmed by the KSA.
The session of the Football Federation of Bosnia and Herzegovina Assembly, which was scheduled for 19th March 2020, is postponed due to the epidemiological situation in our country, it was decided today at a telephone session of the FF BH Emergency Committee.The date of the Assembly session will be subsequently determined.Due to the virus coronary, the FF BH has already taken all necessary preventive measures before and all competitions organized by the Federation have been cancelled until further notice.In view of the new situation regarding the COVID-19 virus pandemic, UEFA has today decided to postpone all qualifying tournaments for the younger ages, which were to take place from 14th March to 14th April of the current year.The decision was taken preventively, to avoid the situation of male and female players – many of them minors – being quarantined without their families, depending on the recommendations of local authorities. Our U-19 women’s team qualified for the Elite round so they will have to wait for a new date to continue qualifying for the European Championship.UEFA also today made a call to hold a video conference on Tuesday, 17th March, with the leaderships of all 55 members associations and representatives of ECA, FIFPro and the European leagues. Further steps that European football will take in the context of the coronavirus pandemic, as well as in domestic and European club competitions, as well as UEFA EURO 2020, will be discussed.After the matches of youth, women’s and futsal competitions were postponed, the FF BH Competition Committee, in a new telephone session held today, decided to further postpone matches of the BH Telecom Premier League and Cup of B&H.These decisions were made in accordance with the recommendations and orders of the competent health care institutions, as well as the governmental institutions in B&H, regarding the ban on holding public meetings in order to prevent the spread of the COVID-19 virus.
Chris Borland was a hard-hitting linebacker during his four years at the University of Wisconsin, and his one season with the 49ers. He is no longer a linebacker. But he still packs a wallop.Borland, who retired from football after his rookie season in the NFL, fearing for his cognitive well-being, testified Tuesday before a U.S. House subcommittee, according to the website Deadspin. It is Borland’s contention that football organizations “manipulate the science of brain injuries” (Deadspin’s …
If you were at SAP Center at 2:30 p.m. Tuesday, you might have seen Nhat Meyer on the catwalk above the east net, setting up for a moment that came just under seven hours later.The result was this:(Nhat V. Meyer/Bay Area News Group)Meyer captured the moment the Sharks moved on to the second round with his remote camera, which he had set up four and a half hours before puck drop of San Jose’s improbable 5-4 comeback victory over the Vegas Golden Knights.“I thought I hit the button when the …
(Visited 236 times, 1 visits today)FacebookTwitterPinterestSave分享0 Opinions are swirling about an amazing piece of amber with enclosed feathers. Let’s look at what is known so far.For years we have reported exaggerated claims about feathered dinosaurs, usually fossils with imaginary feathers (e.g., 2/08/2006, 6/13/07, 7/09/08, 3/19/14). Now, there is another case of real feathers on an imaginary dinosaur (7/24/14)—at least, depending on one’s interpretation of what kind of creature bore a feathered tail less than an inch-and-a-half long that got trapped in amber. When the embargo lifted on the open-access paper by Lida Xing et al. in Current Biology, all the news media—as usual—were fully prepared with their flashy headlines and artwork, each absolutely certain this was a 1.3″ tail of a dinosaur that lived 99 million years ago.Amber specimen offers rare glimpse of feathered dinosaur tail (Science Daily)Feathered Dinosaur Lost Its Tail in Sticky Trap 99 Million Years Ago (Live Science)First Dinosaur Tail Found Preserved in Amber (National Geographic)‘Beautiful’ dinosaur tail found preserved in amber (BBC News)Feathered dinosaur tail fragment trapped in amber amazes scientists (Fox News)T. rex cousin’s 99-million-year old tail feathers found in amber (New Scientist)The first thing to notice is that they found a tail, not a dinosaur, and only part of a tail at that (8 vertebrae out of suspected 15-25 vertebrae, only 2 of which are clearly delineated). Much of the interpretation, therefore, revolves around what this tail was attached to. The authors suggest that it was a coelurosaur, which evolutionists say are related to theropods. Since T. rex and Velociraptor are classed with theropods, that’s why New Scientist calls the itty bitty critter a “T. rex cousin” despite the monstrous size difference.The discoverers call it a “a putative juvenile coelurosaur,” putative being essentially synonymous with imaginary. And although they talk much about other feathered dinosaurs, they can’t clearly identify this specimen with any of them: “This suggests either a greater diversity of tail plumage in coelurosaurians than previously suspected or a simplified form of more-derived pennaceous feathers in DIP-V-15103″ [the specimen ID]. Again, “The weakly developed rachis and contiguous barbule branching in DIP-V-15103 represents a novel combination among theropods.” Any one-off specimen is going to raise a lot of questions about what it is they’ve got in their hands.The feathers, by contrast, are very clear and beautiful, with barbs and barbules. Being symmetric, they were probably not flight feathers—but that’s equivocal for tail feathers. They look more like downy feathers or could have been for decoration. The researchers argue that the vertebrae do not represent part of a pygostyle, a rigid tail as seen in modern birds. In another part of the paper about the feathers, though, the authors note “structural similarities to the distal components of contour feathers in certain Anseriformes,” an order of birds that includes ducks and geese. They continue,The paired feather arrangement is similar to rectrices in modern birds, suggesting that tracts had become established in basal tail plumage before pygostyle development, with tail plumage becoming more specialized over time. If the entire tail bore plumage similar to that trapped in DIP-V-15103, the feather bearer would likely have been incapable of flight.Another similarity with modern birds contradicts an evolutionary prediction. “DIP-V-15103 suggests that non-avialan theropods had a greater variety of feather forms than predicted from developmental phenotypes in modern feathers,” they say. Also, “Keratin [protein] sheets are visible within the feather layer, displaying the distinctive, porous, laminar structure also observed in modern avian barbules under SEM,” they say. So what happened over 99 million years? At least some of the soft tissues appear carbonized: i.e., degraded.Soft tissues—presumably muscles, ligaments, and skin—are visible sporadically through the plumage, clinging to the bones in a manner suggestive of the desiccation common to other vertebrate remains in amber. These tissues have largely been reduced to a carbon film, retaining only traces of their original chemical composition.One interesting phenomenon comes from the initial reactions of Darwin skeptics. Unexpectedly, it’s the intelligent-design community saying hold your horses (or dinosaurs) while some young-earth creationists are welcoming feathered dinosaurs into God’s creation. An anonymous author at Evolution News & Views (published by the ID think tank Discovery Institute’s Center for Science and Culture) says, “Feathers on a Bird or Dinosaur Tail? The Media Are Certain; the Scientific Evidence Less So.” Taking issue with the extrapolation from 2 visible vertebrae to 25, the author thinks it “still could be a bird.” PhD creationists Todd Wodd (Core Academy of Science) and Marcus Ross (Liberty University), on the other hand, have no problem with feathered dinosaurs and say praise the Lord. On the other hand, Answers in Genesis is initially saying It’s a bird, it’s plain, promising a more detailed analysis on Monday. There’s enough ambiguity in this small but “astonishing fossil” to provoke a variety of strong opinions.Update 12/12/16: Here is ICR’s opinion by Frank Sherwin. Here is AiG’s opinion by David Menton. Marcus Ross still thinks a type of dinosaur is the best explanation.We’ve said before there is no problem with feathers on dinosaurs if the proof is in. The problem has usually been that the hype far exceeds the actual evidence. Evolutionists take any scrap of data they can to feed their dinosaurs-to-birds narrative, even imagining feathers that aren’t there, or transmogrifying birds into transitional forms. Our wait-and-see attitude has served well when confronted with spectacular claims about partial evidence, so we will withhold an opinion till more is known and just call it a “feather bearer” like the authors do. The discoverer, Lida Xing, believes it is possible actual dinosaurs will be found in amber now that the political situation in Myanmar (Burma) is calming down, allowing more access into one of the world’s finest amber deposits. Just for the record, we note that the present fossil was not found in situ, but was bought from a market, and had been modified before Xing et al. got ahold of it, although we do not think it’s a fraud based on the details analyzed in the paper and the other biological specimens, like ants, found inside the amber.Even if paleontologists prove that dinosaurs have feathers, they’ve got a problem with this fossil and others. The soft tissue and melanosomes being found in these fossils cannot last for a million years, let alone 99 million years. Evolutionists only say they can because they have to. Nobody has experienced a million years. Recorded human history doesn’t go back more than several thousand. Reasonable inferences from known decay rates of proteins, blood vessels and other original soft tissue indicates that dinosaur soft tissue being increasingly reported in the science journals are young. And if they are young, this ceases to be a question of whether dinosaurs ‘evolved’ into birds, and more a question of the amount of diversity in God’s creation before the Flood.
1 December 2010 Ntombi Zondi* of Pimville, Soweto always gets mixed emotions on World Aids Day. Ten years ago to the day, she tested positive for HIV. She speaks about her journey since then, and her belief that HIV/Aids is not a death sentence but an opportunity to create a better life. Ntombi Zondi (*not her real name), a mother of two HIV-negative children, is one of millions of South Africans living with the virus. Speaking to BuaNews at an event to mark World Aids Day on Wednesday, the 36-year-old said she would probably be dead by now if she had not started taking anti-retroviral drugs.Finding out “My decision to test for HIV had little to do with me being sick or suspecting that I had HIV. It was World Aids Day and I was curious to know my status,” says Ntombi, whose red eyes speak of deep emotion. She was 26 at the time and pregnant with her first child. Reliving the day she was tested, Ntombi takes a long pause. “I was in shock. All I could think about was how can this happen to me and why. I was in denial. I was still young and my future was bright.” Soon after testing positive, she started drinking almost every day to hide the pain and the embarrassment. “At that moment, I didn’t care about the baby. But after a while, I started losing weight fast, then I start hearing about people around my age group dying of Aids, and I started freaking out. “I said to myself, I want to live as long as I can. I decided I’m not going to let this kill me. So I started going to the clinic. “I take my treatment (ARVs) every day and I’m looking forward to a longer life. I’m 36 years old now. It was 10 years ago when I [tested positive]. Look at me, I’m still here.”Doing something about it Ntombi says she also owes her longevity to the positive mind-set she adopted after attending counselling sessions, and the support she got from friends and family. “I told myself I am going to hold my head up high and do something positive about it.” She now juggles her part-time jobs with that of being a counsellor for people living with HIV/Aids. Apart from the training she got from a non-profit organisation dealing with HIV/Aids, Ntombi has no formal training, but says people feel at ease talking to her about their status. “I let people know that they should not stop being what they want to be in life just because they are HIV-positive. And I will continue to teach my peers about this until the stigma stops and until we find a cure.” Ntombi fiddles with the red ribbon pinned on her right breast pocket. “I know that some are asking a hidden question: they wonder what experiences in my life have moved me so that I would want to wear a red ribbon every day. “My answer is always the same: I wear it because I can. I am still alive, still able to carry the message about the reality and urgency of Aids and how HIV can be prevented. I carry this message for those whose voices can no longer be heard, but whose presence can still be felt.” Although living with the virus was not easy, Ntombi says people should not see it as a death sentence but as an opportunity to create a better life.Telling family and friends She says she decided to disclose her status in order to stop people from talking behind her back and to motivate others living with the virus. It took Ntombi about six months to make her first disclosure. It was to her mother, who was disappointed at first. “I did it because I wanted them to know the truth, that HIV is here and it doesn’t matter how educated you are,” she said, adding that she was also avoiding a scenario where people would gawk should her health take a turn for the worse. At times, Ntombi admits that she gets depressed from thinking about her status. “Sometimes I feel I am not ready to die. My wish is to be with my family, especially my daughters, for years to come.” Asked if she has made peace with the father of her first child, whom she claims infected her, Ntombi takes a deep breath and thinks before she answers. “I was never mad at him for infecting me. I was mad at him for not wanting to talk to me afterwards; but now I have made peace. I have a supporting family, boyfriend, and friends who don’t judge me.” Source: BuaNews