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Sad Demise

Shri P C Patil, ASP(HQ) Osmanabad Dn., Aurangabad Region is expired. Funeral today at 1000hrs at his native place at Gunjoti, Tal-Umarga Dist-Osmanabad.
It is  a  shock to family of shri bP C Patil.

This Association conveys heartfelt condolence on her demise and pray to almighty to give courage to the family members to bear the shock.

No justification to suspend operation of Lokpal Act: SC

There is no justification to keep the enforcement of Lokpal Act suspended till the proposed amendments, including on the issue of the Leader of Opposition in Lok Sabha, are cleared by Parliament, the Supreme Court said today.


The apex court said the Act was an eminently workable piece of legislation and it "does not create any bar to the enforcement of the provisions".

It said the amendments proposed to the Lokpal and Lokayuktas Act 2013, and the views of the Parliamentary Standing Committee, were attempts at streamlining the working of the Act and does not constitute legal hindrances or bars its enforcement as it stands today.

A bench of Justices Ranjan Gogoi and Navin Sinha allowed a batch of petitions filed by NGO Common Cause and others and said such attempts for amendment cannot halt the operation and execution of the law which the executive in its wisdom has already given effect to and has brought into force by resorting to the provisions of the Act.

"We, therefore, conclude by quoting Justice Krishna Iyer in reference, the Special Courts Bill, 1978 and holding that the Act as it stands today is an eminently workable piece of legislation and there is no justification to keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out," the bench said.

The NGO had sought the immediate appointment of Lokpal in the country.

Senior advocate Shanti Bhushan, appearing for NGO Common Cause, had argued that even though the Lokpal Bill was passed by Parliament in 2013 and came into effect in 2014, the Lokpal was not being appointed by the government deliberately.

Attorney General Mukul Rohatgi, appearing for the Centre, had said the Lokpal cannot be appointed in the current scenario, as amendments regarding the definition of the Leader of the Opposition (LOP) in the Lokpal Act was pending before the Parliament.

Rohatgi also submitted that there can be no direction to the Legislature to frame any law or amend the existing law or complete a legislative exercise within any time frame.

To this, the bench said the parliamentary wisdom of seeking changes in an existing law by means of an amendment lies within the "exclusive domain of the legislature and it is not the province of the court" to express any opinion on the exercise of the legislative prerogative in this regard.

It said that section 4(2) of the Act makes it clear that the appointment of Chairperson or a Member of the Lokpal will not become invalid merely because of the reason of any vacancy in the selection committee.

"If, at present, the LOP is not available, surely, the Chairperson and the other two members of the Selection Committee, namely, the Speaker of the Lok Sabha and the Chief Justice of India or his nominee may proceed to appoint an eminent jurist as a member of the Selection Committee under Section 4(1)(e) of the Act," the bench said.

The bench, which also highlighted the unique character and importance of the Act in the contemporary world, said,"We also do not see any legal disability in a truncated Selection Committee to constitute a Search Committee for preparing a panel of persons for consideration for appointment as the Chairperson and members of the Lokpal and also for such a truncated Selection Committee to make recommendations to the President of India for appointment of the Chairperson and members of the Lokpal." 

It said there is no specific provision akin to section 4 (2) of the Act insofar as the constitution of the Search Committee by a truncated Selection Committee is concerned.

"But, the absence of such a provision, by itself, will not invalidate the constitution of the Search Committee by the truncated Selection Committee when the Act specifically 'empowers' a truncated Selection Committee to make recommendations for appointment of the Chairperson or Members of the Lokpal. To hold otherwise would be self contradictory," it added.

The bench said the proposed amendment to Section 4(3) of the Act would be clarificatory and will not amount to an attempt to cure a shortcoming in the Act which is proving to be an inhibition in law to the appointment of Chairperson or members of the Lokpal.

"The view of the Parliamentary Standing Committee with regard to the expediency of the Search/Selection Committee taking decisions when vacancy/ vacancies exists/exist is merely an opinion with which the Executive, in the first instance, has to consider and, thereafter, the legislature has to approve.

"The said opinion of the Parliamentary Standing Committee would therefore not be sacrosanct. The same, in any case, does not have any material bearing on the validity of the existing provisions of the Act," it said.

The bench said any interference by the court, at this juncture, would negate the basic constitutional principle that the "legislature is supreme in the sphere of law making".

"The constitutional doctrine of separation of powers and demarcation of the respective jurisdiction of the Executive, the Legislature and the Judiciary under the constitutional framework would lead the court to the conclusion that the exercise of the amendment of the Act, which is presently underway, must be allowed to be completed without any intervention of the court," it said.

"Reading down a statute to make it workable in a situation where an exercise of amendment of the law is pending will not be justified either. A perception, however, strong of the imminent need of the law en-grafted in the Act and its beneficial effects on the citizenry of a democratic country, by itself, will not permit the court to overstep its jurisdiction. Judicial discipline must caution the court against such an approach," it said.

The bench also dismissed a petition by NGO Just Society to declare as ultra vires some of the provisions of the Lokpal Act, saying there was no merit in it.

The petition challenged the provisions on the ground that the Chief Justice of India or his nominee Judge of the Supreme Court, under Section 4(1)(d) of the Act, is a mere member of the selection committee and the opinion rendered by either of them has no primacy in the matter of selection of Chairperson and members of the Lokpal.

The bench, however, said if the legislature in its wisdom had thought it proper not to accord primacy to the opinion of the Chief Justice or his nominee and accord equal status to the opinion rendered by the Chief Justice or his nominee and treat such opinion at par with the opinion rendered by other members of the selection committee, it does not see how such legislative wisdom can be questioned on the ground of constitutional infirmity.

"It is not the mandate of the Constitution that in all matters concerning the appointment to various Offices in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee," it said.

Source : PTI

Latest news on Approval of Lavasa allowances committee report


The Committee on Allowances headed by Shri Ashok Lavasa, Finance Secretary and Secretary (Expenditure) submitted its Report to the Union Finance Minister Shri Arun Jaitley yesterday; The Report will be now placed before the Empowered Committee of Secretaries (E-CoS) to firm-up the proposal for approval of the Cabinet.

The Committee on Allowances, constituted by the Ministry of Finance, Government of India to examine the 7th CPC recommendations on Allowances, submitted its Report to the Union Finance Minister Shri Arun Jaitley yesterday. The Committee was headed by Shri Ashok Lavasa, Finance Secretary and Secretary (Expenditure),M/o Finance, Government of India and had Secretaries of Home Affairs, Defence, Health & Family Welfare, Personnel & Training, Post and Chairman, Railway Board as its Members and Joint Secretary (Implementation Cell) as its Member Secretary.

The Committee was set-up in pursuance of the Union Cabinet decision on 29.06.2016 when approving the 7th CPC recommendations on pay, pensions and related issues were approved. The decision to set-up the Committee was taken in view of significant changes recommended by the 7th CPC in the allowances structure and a large number of representations received in this regard from various Staff Associations as well as the apprehensions conveyed by various Ministries / Departments. The 7th CPC had recommended that of a total of 196 Allowances, 52 be abolished altogether and 36 be abolished as separate identities by subsuming them in another allowance.

The Committee took note of all the representations received from various stakeholders on the 7th CPC recommendations on Allowances. Representations and demands for modifications were received in respect of 79 allowances which have been examined in detail by the Committee. In doing so, the Committee interacted with all the members of the Standing Committee of National Council (Staff Side), Joint Consultative Machinery (JCM) as well the representatives of various Staff Associations of Railways, Postal employees, Doctors, Nurses, and Department of Atomic Energy. It also interacted with the representatives of the Defence Forces, DGs of Central Armed Police Forces (CAPFs) namely CRPF, CISF, BSF, ITBP, SSB, and Assam Rifles as also senior officers from IB and SPG to understand the viewpoint of their personnel. As mentioned in the Report, the Committee held a total of 15 meetings and was assisted by a Group of Officers headed by Additional Secretary (D/o Expenditure) in examining the representations.

Based on such extensive stakeholder consultations and detailed examination, the Committee has suggested certain modifications in the 7th CPC recommendations so as to address the concerns of the stakeholders in the context of the rationale behind the recommendations of the 7th CPC as well as other administrative exigencies. Modifications have been suggested in some allowances which are applicable universally to all employees as well as certain other allowances which apply to specific employee categories such as Railway men, Postal employees, Scientists, Defence Forces personnel, Doctors and Nurses etc.

The Report, now being examined in the Department of Expenditure, Ministry of Finance, will be placed before the Empowered Committee of Secretaries (E-CoS) set-up to screen the 7th CPC recommendations and to firm-up the proposal for approval of the Cabinet. It may be recalled that while recommendations of the 7th CPC on pay and pension were implemented with the approval of Cabinet, allowances continue to be paid at old rates. After consideration by the E-CoS, the proposal for implementation of 7th CPC recommendations on Allowances after incorporating the modifications suggested by the Committee on Allowances in its Report shall be placed before the Cabinet for approval.

Source : PIB, (Release ID :161372)

Wish You All A Very Happy Dr. Babasaheb Ambedkar Jayanti





7th Pay Commission: Committee on HRA, other allowances to submit its final report next week

 New Delhi: A high-level committee headed by finance secretary Ashok Lavasa is likely to submit its final report on HRA and ther allowances to Finance Minister Arun Jaitley next week. 

The final recommendations on allowances will benefit over 47 lakh central government employees and 53 lakh pensioners.

The allowance committee is likely to take 4-5 days more to submit its final report to the government, as per sources familiar with the matter.

The committee was earlier expected to submit its report to the government this week.

The committee, which was asked to examine the 7th Pay Commission recommendation for abolition of 53 allowances out of a total of 196 and subsuming another 36 into larger existing ones had held a conclusive meeting on April 6.

The committee, at its previous meeting on March 28, had sought comments from the ministries of defence, railways and posts on treatment of 14 allowances. These allowances include accidental allowance, outstation detention allowance, trip allowance, and ghat allowance.

The Lavasa Committee was constituted in June last year after the government implemented the recommendation of the 7th Pay Commission.

The 7th Pay Commission had earlier proposed the rate of House Rent Allowance (HRA) at 24 percent, 16 percent and 8 percent of the Basic Pay for Class X, Y and Z cities respectively.

The Commission had also recommended that the rate of HRA will be revised to 27 percent, 18 percent and 9 percent when DA crosses 50 percent, and further revised to 30 percent, 20 percent and 10 percent when DA crosses 100 percent.

The Pay Commission had recommended abolition of or subsuming of allowances like acting, assisting cashier, cycle, condiment, flying squad, haircutting, rajbhasha, rajdhani, robe, shoe, shorthand, soap, spectacle, uniform, vigilance and washing.

Out of a total of 196 allowances, it had recommended abolition of 53 and subsuming of another 36 into larger existing ones.


Zee News.

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Postal Department Releases Stamps To Commemorate History Of Transport In India

The Postal Department has released 20 stamps portraying the history of transportation in India, it includes palanquins, animal driven carriages and carts, rickshaws, vintage cars, buses, metro, trams. The automotive world in India has had diverse modes of transport, and the postal department of India is commemorating the history of transportation in the form of stamps.




The Postal Department of India has for the first time released 20 stamps portraying the history of transportation in the country, and it includes palanquins, animal driven carriages and carts, rickshaws, vintage cars, buses, metro rail and trams.



The special series of stamps have been labelled as 'Means of Transport through the Ages' and exhibited at the country's only transport museum - Heritage Transport Museum.



The Heritage Transport Museum have played a pivotal role in the formulation of these stamps as fifteen out of the twenty unique series stamps have pictures of vehicles that are now at the museum.



Ms Kalpana Rajsinghot, Postmaster General, Gurgaon Region, Haryana Circle, Department of Posts presented the special series stamps.




Also, present at the commemorative event, Tarun Thakral, Founder & Managing Trustee, Heritage Transportation Trust.



The commemorative stamps are in the form of small sheets in a prestige booklet published for the first time. Each stamp's value ranges between Rs 5 and Rs 25, and they can be purchased at any of the 81 philatelic bureaus across India.

Sad Demise

Mother of Shri Sachin Dandekar, IP, Navi Mumbai Regional Office expired today at 1515hrs. It is a shock to family of Shri Sachin Dandekar.


This Association conveys heartfelt condolence on his demise and pray to almighty to give courage to the family members to bear the shock.